Probate... or lack of...

[Trickyone]

Hi, I have a query which is eating away at me but I can’t seem to find the answer...

3 years ago my mother passed away, it was quite sudden in that she died 3 months after her initial diagnosis. Luckily during these 3 months she wrote a will (before that she’d never had one!).

She owned a property outright and in her name only. However (apparently) the will states that my step father can live in the house until he dies, when the house will then pass to my older sister and myself.

My elder sister is an executor of the will along with my step father. Now arise the issues...

My step father and the mysterious solicitors who wrote/witnessed the will are the only 2 people who have a copy of the will. My sister doesn’t even have a copy of the will and she’s an executor. She’s also a bit weak and doesn’t like to cause a fuss and says it’ll all be ok!

My concerns are... there has been no probate! I have no copy of the will nor does my sister...

can I apply for probate? I just want “it” to feel safe knowing it’s lodged somewhere. I don’t feel I can pressure my sister to apply as she thinks it’ll cause unrest and she may walk away from being an executor leaving just my step father with more power...

any help would be appreciated, apologies for the long post

[des8]

You do not have the will, and so you cannot apply for a grant of probate.

However not having the will, and possibly not having even seen the will, how can you be sure it exists?

What you can do is write to your stepfather (best to have a paper trial even if it causes a little upset) and explain this to him.
Tell him that delaying an application for a grant of probate is a breach of his executors duties and you expect him, along with your sister, to apply for the grant.
Point out that interest becomes payable on legacies not paid after one year from time of testator's passing.

Finally tell him that if they do not apply for the grant you will issue a citation compelling them to act (but you might want to take professional advice prior to taking that step and copy in your sister)_

[Trickyone]

Thanks for your response. My sister has seen the will, she just doesn’t have a copy so I know it exists.