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Executor Blocked all Contact

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  • Executor Blocked all Contact

    My mum passed away, left a will naming her friend as executor. Probate isn't required as the only estate is bank funds which have since been transferred by the executor (banks have confirmed this with a substantial amount of money). Now I know that my mum always said to me and my brother on the event of her death we will be sole beneficiaries (dad passed away some years before). This was confirmed by my now ex sister in law as my mum at one point asked her to read the will. My ex sister in law says she would swear on oath that what she read in the will was correct.

    We didn't know where the executor lived to be able to speak to her (as we dont know her personally), we only had a contact number from mums phone book. The executor has now blocked our numbers so we have no contact at all but before this she sent a message to say you haven't been left anything in the will.

    I now have the death certificate so I have the address as she registered mums death. I wrote to her asking for information, as two weeks have lapsed she is obviously ignoring my request.

    Me and my brother are at a loss of what to do as we dont have the money to go through a solicitor and my mum put her trust in this woman. How are we supposed to obtain a copy of the will if it hasnt gone through probate?
    Tags: None

  • #2
    Sorry to hear of your loss and subsequent concerns

    Unfortunately if no application for probate was made, it will be difficult to obtain a copy of your mother's will. This is because a will remains a private, rather than a public, document unless and until a grant of probate is made.

    You mention your mother left a substantial amount of money. If it was in excess of £5000 it is probable that probate should have been applied for

    As the executor has already inter meddled in the estate, you can apply for a court order directing the executor to apply for probate within a certain time


    Tagging Peridot who will have more comprehensive advice, but probably not over the weekend

    Comment


    • #3
      Originally posted by des8 View Post
      Sorry to hear of your loss and subsequent concerns

      Unfortunately if no application for probate was made, it will be difficult to obtain a copy of your mother's will. This is because a will remains a private, rather than a public, document unless and until a grant of probate is made.

      You mention your mother left a substantial amount of money. If it was in excess of £5000 it is probable that probate should have been applied for

      As the executor has already inter meddled in the estate, you can apply for a court order directing the executor to apply for probate within a certain time


      Tagging Peridot who will have more comprehensive advice, but probably not over the weekend
      Hello Des8, the amount of money left in one of the banks was a large sum but just under the 50k probate amount so all that was required was a closure form and the death certificate.

      Thank you.

      Comment


      • #4
        just because the amount left by your mother was below the bank's threshold, doesn't necessarily mean that probate was not required.

        In any case there is the option of a Citation for Probate forcing the intermeddling person to formalise their role by obtaining a Grant of Representation and completing the action. If the intermeddler does not take these steps or file an Appearance in response to the Citation, then you can seek Court directions either for the intermeddler to obtain a Grant, or perhaps allowing you to obtain a grant yourself.

        wait a couple of days for Peridot to pop in.

        Comment


        • #5
          Hi Bex34,

          I'm sorry to hear of your issues following your mother's death. It must be a real concern for you. As Des8 mentioned just because the amount at the bank was below the probate threshold (I assume you mean the inheritance tax level?) does not mean probate is not needed. Most banks and building societies have an amount that they will transfer to executors (where there is a Will) or administrators (where there is no Will) without seeing a Grant of probate. Personally I have not heard of an amount of £50k being a sum that would be transferred without a Grant. Usually it is around the £10,000 to £20,000 amount where the exec/administrator would be expected to sign an indemnity for the bank confirming they are authorised to have the money and should there be any come back the bank will not be liable.

          Unfortunately different banks have different maximum amounts they will transfer, I would have thought the bank would confirm this to you if you contact them. The other issue is if there were several different banks/building societies all with smaller amounts, then all could have been passed to the executor/administrator with indemnities signed and none would be close to the banks threshold for closing the accounts without a Grant.

          As Des8 suggests you can apply for a citation to take probate and it may be worth checking that a Grant hasn't been obtained without you knowing which can be done here:- https://www.gov.uk/search-will-probate

          It may be worth writing again to this 'executor' and pointing out if they don't give you a substantive response by 14 days for example that you will be making an application to the Court and seeking the costs from her for doing so. Whether you make the application is of course up to you but the threat may make them act.

          You may be able to get a free or reduced fee initial advice from a contested probate specialist who can then go through the options with you before making a decision which route to take.
          I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

          If in doubt you should always seek professional face to face legal advice.

          Comment


          • #6
            For info only: Major Banks/Building societies/Insurance companies thresholds for probate:
            • Aviva - £50,000
            • AXA - £10,000
            • Bank of Ireland - £10,000
            • Bank of Scotland - £25,000
            • Barclays - £50,000
            • Birmingham Midshires - £25,000
            • Britannia - £30,000
            • Cheltenham & Gloucester - £25,000
            • Co-op Bank - £30,000
            • First Direct - £20,000
            • Halifax - £50,000
            • HSBC - Decided on a case-by-case basis
            • Lloyds TSB - £50,000
            • M&S Money - £15,000
            • Nationwide
              • Under £5,000 - no Grant of Probate is required
              • £5,000 - £30,000 - a certified copy of the Grant of Probate is required, or alternatively the 'close account' form will need to be witnessed by a Solicitor
              • Over £30,000 - the original Grant of Probate is required
            • Natwest - £25,000
            • NS&I (National Savings / Premium Bonds) - £5,000 to £15,000 depending on the Will and the number of Executors
            • Post Office - £10,000
            • Royal Bank of Scotland - £25,000
            • Sainsbury's Bank - £20,000
            • Santander - £50,000
            • Skipton Building Society £15,000
            • Tesco Bank - £25,000
            • Woolwich - £15,000
            • Yorkshire Building Society - £30,000


            Comment


            • #7
              Brilliant thanks des8
              I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

              If in doubt you should always seek professional face to face legal advice.

              Comment


              • #8
                Originally posted by des8 View Post
                just because the amount left by your mother was below the bank's threshold, doesn't necessarily mean that probate was not required.

                In any case there is the option of a Citation for Probate forcing the intermeddling person to formalise their role by obtaining a Grant of Representation and completing the action. If the intermeddler does not take these steps or file an Appearance in response to the Citation, then you can seek Court directions either for the intermeddler to obtain a Grant, or perhaps allowing you to obtain a grant yourself.

                wait a couple of days for Peridot to pop in.
                Hi, apologies for the delay in responding. I have now obtained information that the person in question has also sworn an oath claiming there is no next of kin and crossed out the next of kin details in order to obtain part of the estate knowing full well there is next of kin.

                Please can you tell me how and where would apply for a citation?

                Comment


                • #9
                  I think you first have to enter a caveat, and then request the court to issue the citation
                  The request may be in person or by post
                  Peridot will know more about the mechanics (I hope)
                  The citation procedure is governed by the Non Contentious Probate Rules 1987 (nos 46 &47)
                  It requires an affidavit to be sworn and the application to be personally served on the executor.
                  The form required for the caveat (no 3) can be found in the schedule of the 1987 rules http://www.legislation.gov.uk/uksi/1...ule/FIRST/made

                  Comment


                  • #10
                    Originally posted by des8 View Post
                    I think you first have to enter a caveat, and then request the court to issue the citation
                    The request may be in person or by post
                    Peridot will know more about the mechanics (I hope)
                    The citation procedure is governed by the Non Contentious Probate Rules 1987 (nos 46 &47)
                    It requires an affidavit to be sworn and the application to be personally served on the executor.
                    The form required for the caveat (no 3) can be found in the schedule of the 1987 rules http://www.legislation.gov.uk/uksi/1...ule/FIRST/made
                    Hi, thank you. I have already entered a Caveat to be on the safe side.

                    Comment

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