Newbie seeking advice/help

[February]

Hi all, help and/or advice sought.

My partner's mother aged 93 passed away early January. She left a will made in 1988 in which my partner and his sister are Executors and beneficiaries. During a conversation some years ago he had with his mother she mentioned that as she had gifted money to his sister some years ago, she had "evened things up" (her words) in her will. His sister has the original will, documents relating to the house, bank statements etc. and seems to have taken up sole responsibility of seeking advice and winding up the estate through probate. There was no codicil with the will she emailed to him. We live in Glasgow and his sister lives 200 miles away, (as did his mother) so being a distance away he relies on information by phone as to what is happening. Two bank accounts have been closed and the proceeds have been deposited in his sister's bank account which will "be divided once all bills and outgoings have been paid".

He understands his sister has been burdened with all the arrangements and time consuming business associated following a bereavement but he is rather concerned about the two deposits being made into her bank account. She didn't ask his permission or mention this was happening but what does concern him is when the house is sold, where will that money being going. She has spoken to an independent financial adviser who is dealing with the valuation of several shares his mother owned and once the property is sold the whole estate can then be valued and probate applied for. He suggested opening a joint bank account where all proceeds can be lodged and when everything is finalised an even split can be made. But she was not keen on this idea for various flimsy excuses. She is a very difficult/temperamental woman to deal with and everything seems to be her way or no way. Relations are OK just now but should they break down in future can my partner contest any transactions that find their way into her bank account?

[lukewarm]

If your partner is joint executor then the probate will have to be applied for in both names,the sister cannot just ignore your partner as the deceased has entrusted the estate administration to two executors.not one.

If the sister is being difficult then send her a polite letter stating that as there are two executors all actions relating to the estate will have to be approved by both executors.

She will be unable to obtain probate without your partner's signature.

Your partner could also apply for a caveat to the probate office nearest to where the sister and your partner's mother lived,This will stop the sister from gaining probate without your partner's authority.

Once the caveat is in place the sister will be unable to proceed unless, and until,your partner has lifted the caveat.

You can contest a will after probate although for lots of practical reasons it is always better to contest a will before probate is issued as an unscrupulous Executor aware of any challenge to a will could dispose of the estate assets, for this reason if you believe you have grounds to challenge a will it is always best to put a Caveat on the estate first preventing probate being issued, this will provide time to investigate the claim.

From what you have said about the "very difficult/temperamental woman" I would apply for the caveat immediately to let her know in no uncertain terms that she is not solely in charge - that will focus her mind.

[Peridot]

Hi February,
It must be tough for your partner being so far away and trying to deal with this.
As Lukewarm indicates the Grant can't be obtained without both executors swearing the Oath (although executors can renounce or have power reserved to them which can be practical when distance is involved, although maybe not so in this situation).

As executor they have responsibility to gather in, preserve and eventually distribute the estate as per the Will. It may be reassuring to know that any property can't be sold without a Grant so your partner will have to be involved in the process (if he wishes to be). Any accounts that have been closed and sums transferred would indicate that the sums were not huge. Banks and building societies have a limit on the amount in an account they will close without a Grant being seen. Some banks it is £10,000 some a bit more. Not an inconsiderable sum but not tens and tens of thousands so that may reassure him a little.

The executors should keep the monies of the estate separate from their own if anything to enable a clear division so the deceased's assets can be easily seen and any outstanding bills, tax etc can be dealt with more easily. There is also a duty to provide estate accounts which would be approved by the executors before the estate can be finalised.

Has your partner seen the Will? Are you sure he is still an executor? Practically your partner needs to know as he should be involved. Maybe at this point he needs to ask for a copy of the Will and confirm that he does want to be involved (unless he wants to leave his sister to deal, which I suspect not). Nothing can happen with any property without a Grant as I mentioned and if he is named as executor he will have to be involved in obtaining the Grant.

It may be that dealing with the practicalities is better for the sister to do due to the distance but they do need to be clear about who is doing what and how any assets will be held pending administration being completed.

It is early days but it is probably wise to set some ground rules at an earlier stage. A friendly call maybe asking if she needs any help at this stage and then getting onto the who's doing what etc.

There are options if the worst came to the worst and relations deteriorated significantly. I believe a caveat is a bit heavy handed at this stage. It is not recommended by the Courts. There is a standing search that can be done which would notify you when someone applies for probate. A caveat prevents probate being granted which is not always the best route. As I said if your partner is named executor she won't be able to get probate anyway without his knowledge and signature. If he isn't then being aware when probate is applied for (using the standing search) then allows him to make any application to the Court if needs be. There is a 6 mth time limit for making a claim against an estate from the grant of probate being issued so plenty of time to get some advice if needs be from a contested probate specialist. However at this stage it is probably sensible to try and keep communication open and try and decide between them who deals with what.

Unless your partner is minded to go to the property to sort out the contents etc it may be sensible to agree between them who is responsible for what during this process.

Here if you need any more pointers.