Family executors unwilling to start probate

DrDeejUK

My step-dad passed away the back end of 2023 and in his will he named two of my step-siblings as executors in his estate. When he died one of my step-siblings told my mom that they were going to apply for probate. Believing this was true she has patiently waited for news and occasionally tried to stay in touch for updates. Unfortunately, things turned nasty and they are now saying untrue things about my mom and have said they now never applied for probate and they aren't going to. My mom was left premium bonds and a cash ISA which she cannot get access to without the co-operation of the executors. What would be her best approach going forward given that all forms of communication have broken down?

sheslookinhot

Can, or will, your mother apply for probate ?

poppystar

1. First check on the gov.uk to ensure they haven’t actually got probate since it doesn’t sound as if they are trustworthy.

2. Does she know what the Will says/ has she a copy of it? Could it be that the step children are in line for nothing and hence don’t see the point in being executors for no gain.

3. If they don’t want to do it ask them for the original Will and also for them to formally renounce their role as executors. After which she can apply for Letters of Administration with Will attached. 

SVaz

It all hinges on whether they were married. 

If they were then she can apply to have them removed as executors and take over administration of the estate herself.  It depends on whether the value of the estate is worth the cost of doing so.  

A Solicitor’s letter might shock the siblings into action. 

DrDeejUK

sheslookinhot said:

Can, or will, your mother apply for probate ?

I'm not sure. I thought only an executor could apply for probate?

DrDeejUK

poppystar said:

1. First check on the gov.uk to ensure they haven’t actually got probate since it doesn’t sound as if they are trustworthy.

2. Does she know what the Will says/ has she a copy of it? Could it be that the step children are in line for nothing and hence don’t see the point in being executors for no gain.

3. If they don’t want to do it ask them for the original Will and also for them to formally renounce their role as executors. After which she can apply for Letters of Administration with Will attached. 

1. As far as I can see probate hasn't been applied for.

2. Yes she does have a copy of the will. He renounced the joint tenancy on the house before he died and left his share to all of his children plus myself and my mother. However, they have already taken physical assets but the money (which was left for my mother in the form of shares, cash ISA et al) they won't let her have even though the will states it should go to her.

3. That's what I think she should be doing next as well. Thank you.

DrDeejUK

SVaz said:

It all hinges on whether they were married. 

If they were then she can apply to have them removed as executors and take over administration of the estate herself.  It depends on whether the value of the estate is worth the cost of doing so.  

A Solicitor’s letter might shock the siblings into action. 

I think that may be our next avenue. Thank you.

mattojgb

How did he renounce the joint tenancy on the house? Was the change recorded with the land registry?

DrDeejUK

mattojgb said:

How did he renounce the joint tenancy on the house? Was the change recorded with the land registry?

He severed the tenancy and it went from being joint tenants to tenants in common. It is supposed to be registered with the land registry but unlike when it was joint tenants there is no names listed on this new updated document.