Probate Issue

[andyford2000]

Hi Guys

just looking for some guidance and advice please.

 

My mother-in-law passed away middle of 2016.

My wife and her brother are named as excutors on the will

(which was collected from her solicitors).

 

My wife has taken the lead role in dealing with her estate.

The majority of the estate has been left to her with monies being left to grand children, only a few personal items left to her brother.

 

He was given up for adoption and only reappeared on the scene 12 years ago.

He had stated early on that he didn't want anything leaving to him as he was already set up for life kind of thing, even though money was left to his son.

 

My wife applied for probate in her name and requested power reserved for him as she needs to sell the house which has been left to her.

 

He is now saying that she has being acting fraudulently on the probate application because he hadn't signed anything.

 

He also seems to think there is another will, the will we have is lodged with probate.

We can honestly say that we have never found a more up to date will.

He has stated that he has researchers looking for a second will.

 

please can someone advise us, my wife is in total bits at the moment regarding this.

 

Also, we need to amend the details submitted to probate as we have now come across further assets.

 

Does anyone know what we need to do regarding this.

[Mr.P]

Did the brother agree (either verbally or in writing) that he was happy to have powers reserved ?

If not, then he may well have grounds for a complaint, but to state that it was fraudulent is taking it a bit far without knowing the details & background.

 

How old is the original will ?

 

It could be that there is a more recent one, but if your wife has taken all reasonable steps to check, then she does not need to worry too much. The probate forms (and subsequent oath) only require the facts are accurate to the best of her knowledge.

 

As for the additional assets, would the value take the total above the Inheritance Tax threshold ?

If not, a quick phone call to the Probate Registry to ask for their advice would be in order. If the sums involved are relatively small, they may well say "don't worry about it".

[honeybee13]

Hello there. I'm sorry to hear about your problems. It's never easy being an executor, your wife has my sympathies.

 

For what it's worth, children adopted out of the family don't have any right to inherit as I understand it. I guess this could be why the guy is hoping there's another will.

 

HB

[andyford2000]

thanks guys for you input.

 

 

when my applied for probate she spoke to the district probate office, she was advised to change his side to powered reserved. She wouldn't have to seek his consent as he was aware she was applying for letters of administration.

 

 

regarding the value of the estate, we have found other assets and money totalling around 40K this would only value the estate at 120k therefore way under the tax threshold, just don't want probate kicking off

[AndyOrch]

The last one I was involved with which was similar Probate Office sent me a form for the named executor wishing to opt out to sign ?

[andyford2000]

Yes we sent a form because originally he didn't want to act as executor, but said he wanted to stay at the last minute. So advised for power reserved. Now probate has been granted to my wife he is kicking off. She needed to apply because she wants to sell the house she has been left.

[Michael Browne]

The last one I was involved with which was similar Probate Office sent me a form for the named executor wishing to opt out to sign ?

AFAIK that is only applicable to executors who wish to renounce their executorship entirely, whereas no signature is required for power reserved.

[AndyOrch]

AFAIK that is only applicable to executors who wish to renounce their executorship entirely, whereas no signature is required for power reserved.

 

Okay.....so....

 

"My wife applied for probate in her name and requested power reserved for him as she needs to sell the house which has been left to her."

Why apply in her name only not joint and why was power reserved ?

[goodatresearch]

Power reserved just means the other executor(s) carry out probate without the power reserveds signature. The OPs wife has not done anything wrong. If her brother is not happy, he can apply for double probate meaning both will have to prove the Will. As for using researchers to find another Will, it sounds like he clutching at straws. The MIL solicitor has provided the last known Will and all he needs to do is check if there's another one lodged at the probate registry, this is an easy task. If I was the OPs wife I would ask the PR myself and ask the solicitor to provide written confirmation that they hold no other Will.

[Mr.P]

regarding the value of the estate, we have found other assets and money totalling around 40K this would only value the estate at 120k therefore way under the tax threshold, just don't want probate kicking off

 

In my (limited) experience, I have found the Probate Registry to be quite helpful. As you are well under the threshold, HMRC wouldn't be interested (and they would be the ones to "kick off" if there was an issue). If you speak to the PR, they may well advise penning the new figures in on the relevant form and initialising it when the oath is sworn.

[honeybee13]

I agree about the Probate Office. With the estate I administered on my own, I rang them many times, they were really helpful.

 

HB