Help - Leasehold, probate issue

[dbernstein78]

I own a first floor flat, its a semi detached house converted into 2 flats and its lease hold, the person who owns the ground floor flat owns the freehold, I recently found out that the person who owns the freehold died 7 years ago and her son moved in claiming to have been left the flat in her will although I have not seen proof of this, the problem I have is he has not gone through probate and is refusing to do so, saying he cant afford to and even after me offering to pay for probate he is saying no and ignoring all communication from me.
I want to sell my flat but am unable to because I need the freeeholder to sign to say they are happy to transfer the leasehold to the new buyer.
I'm stuck and dont know what to do, can anyone help, please??

[PallasAthena]

Have you checked the gov.uk Probate site to see if Probate has in fact been granted despite what son says? You can do that for free (or if it does exist download for £1-50) Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)

Have you checked the Land Registry to see who is listed as owner of flat below? If the son doesn't have Probate he shouldn't have been able to transfer it to his name.