First time Help Needed/ Bit Of A Mess

TP77

Savvy_Sue said:

Do you and sibling live anywhere near each other?

If you do, I'd be minded to jointly find a solicitor to go through the will with you explain what it means - basically it sounds as if for now, you get nothing.

Or approach the solicitors who drafted the will to do so. You may be able to do this online if you don't live close.

The ideal would be for partner also to be involved.

Unless you've done anything which counts as intermeddling, you could (both) renounce as executor. As I understand it, partner would then be responsible for registering the trust which the will creates, which isn't difficult. I don't know what changes would need to be made at the Land Registry to ensure your eventual inheritance is protected. But they exist, even if you are not acting as executor.

Trying to be fair, partner has also been bereaved, and may be struggling to come to terms with what needs to happen. 

Unfortunately not

The solicitor responded last night. The partner is already in talks with the solicitor regarding probate

So far myself and sibling has done no intermeddling.

For sure and a reason for not pushing. As this is first time, Im jut concerened over doing anything wrong/time restrictions.

Keep_pedalling said:

TP77 said:

Partner has no children of their own

So why on Earth did she leave him a 1/3rd of the house as well as a life interest in the house? This could cause issues on his death unless his will leaves that third to his step children. 

Partner is considerably younger than parent was

When doing probate, as 1 of the 3 executors is using a solicitor do the rest then have to use a solicitor?

Keep_pedalling

TP77 said:

Savvy_Sue said:

Do you and sibling live anywhere near each other?

If you do, I'd be minded to jointly find a solicitor to go through the will with you explain what it means - basically it sounds as if for now, you get nothing.

Or approach the solicitors who drafted the will to do so. You may be able to do this online if you don't live close.

The ideal would be for partner also to be involved.

Unless you've done anything which counts as intermeddling, you could (both) renounce as executor. As I understand it, partner would then be responsible for registering the trust which the will creates, which isn't difficult. I don't know what changes would need to be made at the Land Registry to ensure your eventual inheritance is protected. But they exist, even if you are not acting as executor.

Trying to be fair, partner has also been bereaved, and may be struggling to come to terms with what needs to happen. 

Unfortunately not

The solicitor responded last night. The partner is already in talks with the solicitor regarding probate

So far myself and sibling has done no intermeddling.

For sure and a reason for not pushing. As this is first time, Im jut concerened over doing anything wrong/time restrictions.

Keep_pedalling said:

TP77 said:

Partner has no children of their own

So why on Earth did she leave him a 1/3rd of the house as well as a life interest in the house? This could cause issues on his death unless his will leaves that third to his step children. 

Partner is considerably younger than parent was

That really is not a reason to do this it just adds additional complications especially if they die intestate or remarry and leave their share of the house to new spouse / partner. Frankly she made a terrible error here.

When doing probate, as 1 of the 3 executors is using a solicitor do the rest then have to use a solicitor?

No you don’t.  

TP77

Solicitor in email has said - Can you confirm whether you and sibling also wish to be included in the probate application or will you just be included in the paperwork in your capacity as trustees. Letter of engagement to be signed to be included in probate application 

I've asked partner how the solicitor is being paid for if they proceed and no response so far. As far as I'm aware, the only asset is now the house. 

Solicitor has confirmed me, sibling and partner are executors in a email, but me and sibling have not received any documentation or copy of will etc. Is this normal?

Shelldean

TP77 said:

Solicitor in email has said - Can you confirm whether you and sibling also wish to be included in the probate application or will you just be included in the paperwork in your capacity as trustees. Letter of engagement to be signed to be included in probate application 

I've asked partner how the solicitor is being paid for if they proceed and no response so far. As far as I'm aware, the only asset is now the house. 

Solicitor has confirmed me, sibling and partner are executors in a email, but me and sibling have not received any documentation or copy of will etc. Is this normal?

You could be included but not doing it and have  powers reserved.

From Google.....
In cases with multiple executors, one may choose to step back without renouncing their role entirely. This is called power reserved

elsien

Shelldean said:

TP77 said:

Solicitor in email has said - Can you confirm whether you and sibling also wish to be included in the probate application or will you just be included in the paperwork in your capacity as trustees. Letter of engagement to be signed to be included in probate application 

I've asked partner how the solicitor is being paid for if they proceed and no response so far. As far as I'm aware, the only asset is now the house. 

Solicitor has confirmed me, sibling and partner are executors in a email, but me and sibling have not received any documentation or copy of will etc. Is this normal?

You could be included but not doing it and have  powers reserved.

From Google.....
In cases with multiple executors, one may choose to step back without renouncing their role entirely. This is called power reserved

But they have to actively do that, which they clearly haven't from what the OP has said.  No-one else can reserve their powers on their behalf. 

TP77

I wish to be involved with probate.

Trouble is I don't have the funds to pay the solicitor who is saying funds have to be paid up front. I'll have to wait and see what the partner says about paying.

TP77

Just to make things more interesting, the partner is now not talking to me or sibling and has removed themselves from the Whatsapp group we were using.

Do we just wait and see if the solicator contacts us or start gathering bank accounts etc to start the Probate process ourselves? We are concerned with the lack of infomation so far and that the partner maybe starting Probate on their own

Cubicsrube

TP77 said:

Just to make things more interesting, the partner is now not talking to me or sibling and has removed themselves from the Whatsapp group we were using.

Do we just wait and see if the solicator contacts us or start gathering bank accounts etc to start the Probate process ourselves? We are concerned with the lack of infomation so far and that the partner maybe starting Probate on their own

If you're a named executor in a valid will, I don't think they can do that. When I applied for probate I had to get all the co-executors to sign the application for grant of probate. So unless they plan to forge that (presumably not since this is a solicitor), they will have to engage with you.

TP77

I can now 100% confirm I'm a named executor as the solicitor has sent a copy of the will.

Partner has instructed solicitor to get grant of probate. Unfortunately as no information is being shared, I have no idea of the assets. Myself and sibling dont have the money to personally pay for a solicitor. I assume the solicitor would still have to contact us for signatures etc?

Cubicsrube

Yes the solicitor can't act for one executor without the agreement of the others.
But tbh - as I understand this - as a layperson who has gone through it, not a professional I hasten to add -  it doesn't sound like there is much for you to worry about. The only asset you have a stake in is the house (since the partner gets everything else per the will), and the partner has a lifetime interest in the house so nothing can be done with it until they die. Like others have said, your parent's will created a trust which needs to be registered (the solicitor will do that) and you and your sibling will be made trustees, so when the partner eventually dies you'll know about it as the trust will end. Your share of the house will then come to you, or your heirs.

What are you primarily worried about? It sounds like your step-parent is doing what they need to do, though perhaps without being as communicative or gracious as you'd like...