Executor Delaying application for Grant of Representation ( Probate) - Why?

[Mr.P]

If the value of the estate is under the threshold for Inheritance Tax, there is no real time limit for applying for probate. However, if IHT is due, HMRC can and will levy fines along with interest after (I think) six months. That said, identifying all the assets of an estate can take time, so six months isn't always sufficient if the financial affairs are complex and diverse.

 

It is possible to contest a will, either the validity of it, or any bequests, but it is a very expensive and prolonged exercise. If the executor claims that a will does not exist, and a valid copy surfaces, he/she could be exposed to litigation and have to pay the costs of the claimant as well as the defence. If you suspect that the executor will claim rules of intestacy, it might be worth contacting the solicitors that drew up the will. I would strongly recommend that you (or rather, the relative) consults a solicitor experienced in contentious probate and they would be able to advise on the correct procedure.

[Mr.P]

If they were to pass away ( and there is only one) the 'non-executor beneficiary' would have no-one who knew the circumstances at first hand to state that the Testator wanted them to benefit to the degree specified in the Will for good reason.

 

Depending on the exact wording of the will, should a beneficiary die before an estate is distributed, then their children would normally gain from the inheritance. However, this can get messy and is heavily dependent on the terms of all the wills of each of the deceased.

 

If the estate and the deceased are in England or Wales, and if the Will omits to make provision for the maintenance of their child (even if an adult by this time), then, on application to the Family Court, the Will will be amended to make that provision. Probate will then follow, and your relative, the stated beneficiary, will receive an adjusted amount.

 

Not quite true. Yes, the High Court can make a ruling to redistribute an estate if an adult child has been disinherited. Despite the bar room analysis in the press over the recent Ilott-v-Mitson case, a testator is still free to dispose of his (or her) assets as he sees fit. This is supported by Coventry(deceased)[1980]:

It is not the purpose of the Act to provide legacies or rewards for meritorious conduct. Subject to the court’s powers under the Act and to fiscal demands, an Englishman still remains at liberty at his death to dispose of his own property in whatever way he pleases or, if he chooses to do so, to leave that disposition to be regulated by the laws of intestate succession.

 

In the case of Wright-v-Waters[2014], the judge made reference to both the Coventry and Ilott rulings and then rejected the claim brought by a disinherited daughter. In light of the afore mentioned cases, the High Court is generally reluctant to interfere in inheritance disputes, especially when the estate is of relatively low value.