Online Probate not granted

sillyvixen

Father I laws will has 2 executors, who are the only benificaries, one being my husband and the other a family friend whom was the closest friend the deceased had. All very simple, except the friend has no internet, no passport and does not drive - so no photo ID. Probate was applied for on line, the friend filled in the appropriate forms to hand over all executor duties to my husband. Forms were submitted to the probate office.

As far as I am aware not all named executors have to be involved in the process, and in the case of my grandmother's death my uncle relinquished his executor duties to my mother. 

Probate has not been granted as the other executor doesn't have equal access to the process, IE no email address. But we submitted  form she signed stating she was happy to relinquish executor duties. I know the form was scanned and submitted as my husband needed my help to scan the form before he could email it.

3 months down the line we are back to square one, husband now needs to reapply for probate by post, and get forms signed by the friend and sent back, we are looking at another 4 months due to posting paperwork back and forth before we likely get probate granted! Meanwhile we are keeping eye on a property and checking post monthly on a property that is 220 miles away. 

Probate are also saying paperwork needs to be submitted with the original copy of the will! They already have the will. Will they return it or keep it on record? The person on the phone line didn't know!!!

Any advise on how to best deal or expidite the situation would be appreciated. 

tls123

The probate office doesn’t return the original will so you won’t need to do this again. I’m surprised they didn’t tell you that as the probate helpline are usually very good. Did you submit the form for the other executor to step down formally (power reserved) with the original probate application or are they renouncing as executor. 

Keep_pedalling

It sounds like your husband made an error on the form. Did he name himself as the only applicant and name the renouncing applicant in the section for non applicant executors using reason D?

sillyvixen

All sorted... After a long phone call probate are happy to continue with online process if family friend is able to give a valid email address, her daughter will help with setting up this and we just need to let them know when this is done!