Probate forms, pushed to sign but my concerns are ignored!

[Emz1974]

Hi I'm new and lost to what I should do. Hopefully someone can advise me please.
Its a long story,
My dad died 2017,leaving his will in his desk along with all important paperwork. His silbing Mrs S was notified first,instantly she entered my dad's property changed the locks,when in the evening I was informed that my dad had died in the morning at work,Mrs S informed my brother in the evening too.but Mrs S informed my half sister straight away, My dad and I had never met my sister, my dad and I haven't had anything to do with my brother for 15 yrs, I've had nothing to do with Mrs S for 17 yrs.but Mrs S was close to my half sister. I was told nothing at the start,Mrs S told over,without my say so. She took all paperwork out my dad's house,then when asked about the will and what belongings she's taken out, she said there's no will and didn't answer about items taken. When I asked my solicitor she wasn't aware of money in house or will etc.
the solicitor emailed Mrs S to put items back and what had been removed from the property.
that Friday Mrs S downgrades the house insurance and goes away, not telling me,then on Monday she txs me saying..oh the house has been broken into.. But not telling me what items had been stolen.
cut a long story short. Because I asked questions to the solicitor, she didn't know what was going on,said I wasn't being amicable and we three siblings had to find different solicitors.
me and my half sister have the same solicitor, I made this solicitor aware of the will taken items taken,thousands taken right from the start and my solicitor said she would get all answers for me. Nearly a year has passed, I have no answers, still can't get in my dad's house, and my brother has taken expensive items for himself as he has a key,also my half sister has a key and has informed our solicitor of items of value in the house for probate,even tho she never met my dad how would she know what stuff is his and is mine,it's my belongings and my dad's only.
I've been told the gifts and money Mrs S handed out to my silbings and I got nothing, I should just forget about.no items listed in chattels or gifts on probate forms, my solicitor won't answer any of my concerns,but promised at the start, they want me to sign grant of probate or statement of oath, what should I do,I don't want to sign then later my solicitor says it's to late to act on my concern.
Hope this makes sense. Thanks in advance x

[Amethyst]

Peridot


tagged Peridot for you xxx

[Peridot]

Hi Emz1974,
I'm sorry to hear of your difficulties following the loss of your father.
You mentioned your father's paperwork. Do you know he had a Will? I'm a little confused on the family relationships from your post. Who has changed locks and removed items from the property? Is it your father's sister (and your brother)?
What siblings do you have and are what legal relation are they? You mention half siblings are you all your father's children some with different mothers or are you all from the same mother with different fathers and if so who is who? Maybe call the siblings A, B, C etc for clarity?
Has anyone applied for probate (or letters of administration if there is no Will)? If there was no Will technically no one has the right to deal with anything until a Grant is obtained.
Do you know what items were in the house that belonged to you and could you list them?
Who has the solicitor been instructed by and what are they meant to be doing, just dealing with the situation with the person dealing with the lock change or in order to obtain a Grant?
Sorry there are so many questions but hopefully we can give you some guidance once you've had a chance to respond.

[Emz1974]

Do you know he had a Will?

Yes, leading up to his death, he told me he had started putting what he wanted/wishes in writing, I did know who was having his house, his cars etc, foolishly I told him I didn't want to know,

Mr B my father’s handyman and life long friend since school was another person that knew about the will, and knew in more detail what was on it.

Mrs S purchased my dads will for him. And she, herself has told me that. Mrs S few days after my dad had died had a conversation with Mr B about my dads will


Who has changed locks and removed items from the property?

Mrs S, my dads sister changed the locks and removed items,also Mrs S had other family members turning up at my dad's house to take a keepsake.

Mrs S has never before had a key to my dad's house. Mr B my father’s handyman and I are the only trusted people that have ever had keys to my dads


Is it your father's sister?

Yes, Mrs S is his sister.


What siblings do you have and are what legal relation are they?

I have a brother A, We share the same parents. Me and A have a half sister B,we all share the same dad.



Has anyone applied for probate (or letters of administration if there is no Will)?

I have received all IHT400 forms.my solicitor is waiting for me to sign and return them, B has signed and returned hers.A has moved and got his own solicitor but nothing signed, the power reserved,or something.

I did ring my solicitor with questions to where the gifts were listed (Mrs S handed out B a Cartier watch and A a sentimental watch and £500,No gift for me or my children)I was told they come under chattels. when I asked for the chattels list, nothing states these watches etc. Also Mrs S states she gave A & B items because these were my dad's wishes, but I've never heard anything about such gifts from my dad. I strongly believe B’s watch was bought from the money that Mrs S took from my dad's house.



Do you know what items were in the house that belonged to you and could you list them?

The first time I went in my dad's house I noticed items missing and listed them, I asked the solicitor (that Mrs S appointed at the start) for items back. But the solicitor wasn't aware of any items taken or removed by Mrs S and was asked on Friday to return all and asked what had been removed,the same Friday Mrs S downgrades house Insurance and goes away for the weekend, also the friend that Mrs S had asked to stay in my dad's house also left and returned to his own house on Friday. On Monday Mrs S informed me by text that my dad's house had been broken into.



Who has the solicitor been instructed by and what are they meant to be doing, just dealing with the situation with the person dealing with the lock change or in order to obtain a Grant?

Me and B have the same solicitor. I told this solicitor about my situation with A and his holding keys. She told me to leave it with her as she was trying to get him to sign terms of business forms etc. hoping she would have all three of us.then she could ask A to get me and B keys cut. I waited and waited and recently found out A never signed with my solicitor and moved taking many items of value of my dad's with him.

I'm still unable to get in my dads to see what is left. But B has keys and has given our solicitor values of chattels for probate.


I hope I’ve answered your questions. Thank you so much for replying to my post. I most grateful

[Peridot]

Hi again,

Sorry for the delay.

Unfortunately writing down your wishes are not sufficient to be legally enforceable unless they are in a Will that has been correctly signed and witnessed. Wishes and wants are exactly that and no more I'm afraid. There may be a strong moral obligation on the person dealing with the estate but there is no legal obligation to follow them. So it is really important to know whether there was in fact a formal Will and what it contained.

You mention personal chattels this is usually in the Will and allows the executor to dispose of them as they see fit. Not everything will be inventoried, usually only those items valued over £500. If Mrs S had no authority to enter the property ie she was not the executor so didn't get her powers from the Will when your father passed away she had no right to be at the property. Were the police contacted at any stage? (if she is not an executor of course)

If there is no Will then the power to deal with the estate comes from the Grant of Administration. Nothing should be done until the Grant is received in this situation as the powers come from the Grant, not the Will.

So if there is a Will and Mrs S named as the executor then she is entitled to deal with the estate assets. I am confused however why you and your siblings have the IHT 400 to complete if she is the executor? I also don't understand why all the siblings have separate solicitors? Can you confirm exactly what role Mrs S has executor or interfering relative and what role you and your siblings actually have? Are you all beneficiaries under a Will or are you being asked to apply for the Grant as the appropriate surviving relatives under the Intestacy Rules (as there is no Will). You mention one of the siblings has power reserved which would imply the siblings are all applying administrators, unless you are all named as executors under the Will).

Sorry I've probably confused things even more now. If Mrs S has removed items your solicitor (if you are applying for Grant of Administration) needs to be tackling this. Are you sure the items were in the property that now appear to be missing and they hadn't been disposed of prior to your father passing? It does all sound rather suspect, not least as it is all a bit difficult to unravel.

Would you and the other siblings be willing to pursue Mrs S for return of the items and A for that matter if they have also removed valuable items from the property.

It can be really hard dealing with the personal items many of which will have little or no value but are sentimentally valuable. Unfortunately such items are not worth chasing from a legal point of view due to the cost and stress for all in doing so. The cartier watch and more valuable items may be a different matter however. Do you have photos of the house when you were last there that could identify some of the missing items?

More questions I'm afraid. In the meantime I would also chase your solicitor to see what they propose and to also clarify exactly what the roles are of the people involved as far as obtaining the Grant is concerned and whether there is in fact a Will.