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Missing/found non responsive executor

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  • Missing/found non responsive executor

    Hoping for advice please on best way forwards...
    Parent passed away earlier this year and the will is in solicitors strong room.
    2 executors - me and sibling (S)
    S walked out of the house 7 years ago with "your problem now, nothing to do with me" and hasn't responded to any comms since..until about 5 weeks ago.
    Solicitor refused to release the will to me as they said they needed siblings agreement.
    Eventually via a newspaper announcement i got a phone number for S and called but no response,, messaged with details to contact solicitor which S did but has not agreed to where the will should go.
    Solicitors are adamant that the will cannot be released without both our agreement but S has not replied to any messages or calls.
    Spoke to Probate registry and they said the solicitor can send the will direct to them...solicitor is still requiring both our agreement so has not sent the will.
    I have messaged S with asking to agree to have will sent to me - I was, for previous 6 years, the appointed deputy for financial matters of parent.
    S has had no contact in those years, no care home visits, no comms or cards.
    There is only money left,, no property or trust .
    The beneficiaries are me and S 50/50.

    'Frustration' would be one word for it when i have laid all the details out to S and still no reply.

    I have no other contact details than the phone number and S has provided ID to solicitor but nothing more.

    Q - Should the solicitor be able to release the will to Probate registry?
    If S is maintaining silence and I have no address do I need to engage someone to perform an intense search (e.g. PI)?
    and then serve some kind of letter,, and what could I do for that to progress?

    tbh, the money is neither here nor there but I do want closure and to move on

    Any advice would be greatly appreciated
    thanks
    Tags: None

  • #2
    S has responded to solicitor but still refuses to reply to me to agree the Will destination.. guessing i need a solicitor to send a letter?

    Comment


    • #3
      A solicitor's letter has no more authority than the man in the moon, so if your brother is refusing to cooperate with your request, why would he with a solicitor's letter?

      Although there is a will, is the estate large enough to require a grant of probate?
      It doesn't include real property/land but does it include stocks and shares?

      Who is currently holding the estate assets if not you?

      As an executor derives his authority from the will (do you have a copy of it?) and each executor operates jointly and severally.
      This means an executor can act alone in dealing with personal property and acts in that regard will bind the other executor.

      Comment


      • #4
        The assets are just a bank account of less than 100k so the bank is refusing to release the money without Grant of probate,, and probate are requiring the original will, and solicitor is refusing to release the original will without my bro agreeing to the will either coming to me or direct to Probate registry
        I have a copy of the will but obvs not the original which probate require
        thanks

        Comment


        • #5
          I you really are at a complete halt and nothing moves you may have to apply to the court to have your brother removed as executor.
          If you go down this route the court will possibly remove both of you and appoint a third party solicitor to act (ie not the one currently holding the will).

          Perhaps a single fixed fee consultation with a solicitor who specialises in contentious litigation

          Comment

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