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Executor is delaying applying probate on a will, please help.


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I am asking for advice on behalf of my Mother. A close friend of hers died a couple of months ago. My Mother was left the lady's house in the will, it was listed as free from taxes because the old lady was weathy and would have enough money to cover IHT etc from other assets.

The remaining estate is split between 4 other people mainly plus another couple of small bequests. One of the four is an executor. The house has been rented out for some time providing an income.

My Mother called the solicitor on Thursday last week to be told that the executor hasn't even applied for probate yet. Why would he not have done this? We know he and the other beneficiaries are unhappy that my mum gets the house, but none of them are blood relatives, none bothered with the poor lady in years and if it is her wish, stated clearly in the will what can they do?

 

Also the issue of the rent from the property. I take it that the rental income is going into the estate every month, can the executor access that income? Will my mother get the rent backdated when probate occurs or every month the a Executor delays my mum is losing a very large sum of money.

 

Any advice appreciated.

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I will try and find someone who can help you :)

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Hi is there only one executor?

 

 

Perhaps you should instruct a solicitor yourself and get some advice.

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There were three, but they have chosen one as the person to deal with it all.

We are worried they are contesting or planning something. If they contest will we be informed?

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There were three, but they have chosen one as the person to deal with it all.

We are worried they are contesting or planning something. If they contest will we be informed?

All parties will be informed.

 

 

I really think you need to seek professional advice, there is it seems a considerable amount of money concerned such matters can become vey difficult for all concerned.

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Ultimately, you could seek a court order that someone else is appointed as executor. Presumably any rent paid should go to the beneficiary. Its best to talk to the executor first and if you don't get anywhere speak to a solicitor.

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  • 1 year later...

Hi Pupter

 

Sorry to be responding after such a long time, but how did this resolve itself? I'm intrigued because I have a very similar scenario arise with a very close relative of mine, who stands to gain a lot of money from an Aunt who died, but the sole Executor was expecting to inherit the entire estate and so will be mightily peeved that the Aunt has left a significant sum to someone else. He has delayed in applying for probate and there is a distinct odour of rodent in the air....I wonder, how do you coyest a will if the will has not been formally processed through the system. Can he argue there is no will, or perhaps claim it is invalid, so that the laws of intestacy might just allow him to receive all of the estate anyway?

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