Stepmother refusing to apply for probate

[daffodil2019]

In his will my dad left his half share of his and his wife's house in trust (no mortgage, tenants in common) to me, my sister and my son. Executors are his wife and his solicitor. He passed away 6 months ago but his wife is refusing to go through probate as she is unhappy about the will. I do not trust her as she told my uncle that my dad left nothing to his children in his will.

My dad's solicitor said she could proceed with probate if I paid. This seems wrong.

Can my stepmother refuse to apply for probate? What are my rights?

Thank you in advance

[des8]

hi and welcome

If a named executor refuses to apply for probate there is a procedure which allows a beneficiary to apply.
In this case however as there is also a solicitor named they could apply for probate themselves.
The cost of application is £155 +VAT plus solicitor's charges.

Although the solicitor is requiring you to pay up front, reimbursement from the estate should be made to you.

Tagging Peridot for you as she will have more info, but probably not on until tomorrow

[Peridot]

Hi Daffodil2019,
Sorry to hear of your loss. It is always difficult when issues arise over the Will and can be even more so when the executor is not acting as they should. It is probably fortunate that your Dad appointed the solicitors as well as your dad's wife as executors. As Des8 indicated it is possible to have an executor removed and although the next person entitled to the Grant can be appointed it is not always the case. The solicitors could act as sole executors in this situation.

To have your Dad's wife removed an application would have to be made under s 50 of the Administration of Justice Act 1985. I think you need to clarify with the solicitors whether this is the application they are suggesting is made which would remove your dad's wife as executor and allow the solicitors to be sole executor or have them removed also. A substitute could also be appointed to act as personal representative if needs be.

I would contact the solicitors and ask for clarification of what they are suggesting and a breakdown of the costs involved, together with confirmation that the costs would be recouped from the estate once Probate is granted if they are suggesting that you make the necessary application for removal.

The solicitors can't just go over your dad's wife's head, as a named executor and take instructions from you to go ahead and deal with the estate unless your dad's wife has said that she wishes to renounce the position of executor, thus leaving them to deal themselves. In which case it wouldn't be usual for them to ask for the 'application' fee.

Once you have clarification of what it is they are suggesting the next steps should be, feel free to post again and hopefully we can point you in the right direction.

[daffodil2019]

Thank you both for your replies. I have contacted my dad's solicitor and asked them to clarify how to proceed. They are being a little slow in responding to me. It took a month for them to reply to my last email. Am I right in saying the solicitor should not charge me probate fees if they apply as a sole executor?
thanks again
very much appreciated!!

[Peridot]

If they are the sole executor then they should pay the grant application fee. Their fees and disbursements are then deducted from the estate once they have gathered assets in.
I was going to ask whether solicitors even need to be involved if the estate is reasonably straightforward but bearing in mind the possible issues that may arise if your dad's wife plays games it may be sensible to use them.
I would keep nagging them. There may have been a delay in the last response if at the time they were trying to get instructions from the co-executor but this is unrelated to that I would say, unless she has agreed in the meantime?
Maybe call them if you don't get a response (even just an acknowledgment e-mail) in the next few days.

[daffodil2019]

I contacted the solicitor dealing with my dad 's will 2 weeks ago....No reply. I phoned and was told I would get a call back, still waiting. What more can I do?? My dad's will is being ignored by the executor and solicitor.

[Peridot]

Hi Daffodil2019,
You need to keep nagging I'm afraid. You could of course go to a different solicitor for some advice as to your options if you are getting no joy from the executors.

[daffodil2019]

My dad's solicitor finally called me back three weeks ago saying she would send a letter to me and my dad's wife explaining that probate needs to go ahead and the fees etc. I have received no letter yet. She also said to me again that I need to pay her in order for her to apply for probate if my dads wife will not do so. She said she could go ahead with probate even if my dad's wife (also an executor) disagrees! This is beginning to make me ill. I am not sure my dad's solicitor knows what is the correct procedure?!

[Peridot]

Hi Daffodil2019,
If they are getting no joy getting your dad's wife to engage it would be wise for you to apply so the estate can be dealt with. The fee if the solicitors will be co-executors with you would be £155 but if they are applying with you as co-executor or if they are applying on your behalf but not taking up the executorship. You will be refunded the application fee once the estate is administered.
It may be less stressful allowing them to deal with things on your behalf although there will no doubt be delays along the line waiting for things to be dealt with. It does take time unfortunately particularly when you have an executor who has not been cooperating. Once you have been named as the administrater dealing things should hopefully start moving.

[daffodil2019]

I have been told that probate plus transferring my dad's half of the property to the trust will cost me approx £1500. Basically I have no choice but to pay this as my dad's wife says she does not have the money (lies) and no doubt any money he had she has squirreled away. As a beneficiary, am I not entitled to see proof there is no money in my dad's estate to pay the fees?
thanks again

[daffodil2019]

Please could I ask.
1. Can the solicitor (executor) ask the beneficiaries to pay probate and the cost of transferring his half of the property to a trust up front? The only assets he appears to have had was his house which can't be sold until his wife dies. I am sure he had a few savings but how am I supposed to find this out?
2. What would happen if I refused to pay? Would my dad's will not go through probate?

[Peridot]

Hi Daffodil2019,
The solicitor has to provide you with a quote for the cost of dealing with probate. You need to check whether the fee they have given covers everything, including the transfer of the property into the trustee's names or whether this is just to obtain the Grant.
If no one pays the fee then it won't be possible to apply for the Grant so the estate won't be finalised. This can be done at a later point however with the issues that have arisen with your father's wife already I think if it were me I would want the matter dealt with to ensure the legal ownership of the property is dealt with correctly.
It will be necessary to obtain a full inventory of his accounts to complete the inheritance tax forms to apply for probate so you will have a better idea what there is available to pay for the grant at that point. The estate should pay the fees (once assets have been realised) but if it can't as the house is the only asset then you need to decide how this is funded. You need to discuss with your solicitor what options there are for dealing with the legal fees and ensuring you receive the funds from the estate in due course if they can not be paid as soon as the estate has been dealt with.