mum refuses to go through probate

[sophielong]

Hi.
This is really quite a complicated situation, so for everyone’s sake I think it’s best if I stick to the most relevant facts.
My father passed away a number of years ago and my mum simply will not put his will through probate - the will includes provisions for myself and my daughter. I have asked her about it and she says it’s not necessary. All she has done is close his bank account down and transferred all the funds to herself.
My dad owned a property in his sole name from a period they were separated and it has now been stood empty for a very long time.
I suppose I have a few questions:
1) Does my mum have the right to simply decide not to bother actioning my father’s will? Is there anything I can do to force her?
2) Would I be right to think that my mum is not able to do anything with his house i.e. she cannot sell it without going through probate? I believe the property has run up thousands in Council Tax and various other utilities that remain unpaid. My mum has no plans at all to action his will.
I am happy to answer any and all questions that arise should you need more information.

[des8]

A number of questions first:
Are you sure there is a will?
Is your mother a named executor?
are there other executors named in the will?
How long ago did your father pass away?
Do you know why your mother is not applying for a grant of probate?

You can take steps to force your mother to apply for probate
As she has intermeddled in the estate (transferred cash from your late father's bank account) you would apply to the registry requiring your mother apply for a Grant of Probate. If she fails to do so, you can ask for an order that you instead are able to apply for the Grant.

Before you take that step perhaps discuss with your mother the problems she is building up for herself.
By not acting in the best interests of the beneficiaries she is opening herself to claims for financial redress for eg loss of interest on legacies. and even possibly payment of the outstanding council tax from her own pocket.
Plus of course if you do apply for a citation as above, there are costs involved there.
To say nothing of the probable complete breakdown of your relationship with your mother.

She will not be able to sell the property without a grant of probate

[sophielong]

A number of questions first:
Are you sure there is a will?
Is your mother a named executor?
are there other executors named in the will?
How long ago did your father pass away?
Do you know why your mother is not applying for a grant of probate?

You can take steps to force your mother to apply for probate
As she has intermeddled in the estate (transferred cash from your late father's bank account) you would apply to the registry requiring your mother apply for a Grant of Probate. If she fails to do so, you can ask for an order that you instead are able to apply for the Grant.

Before you take that step perhaps discuss with your mother the problems she is building up for herself.
By not acting in the best interests of the beneficiaries she is opening herself to claims for financial redress for eg loss of interest on legacies. and even possibly payment of the outstanding council tax from her own pocket.
Plus of course if you do apply for a citation as above, there are costs involved there.
To say nothing of the probable complete breakdown of your relationship with your mother.

She will not be able to sell the property without a grant of probate

Hi.
Thanks so much for replying.

Yes, I am sure there is a will. I witnessed one of his wills, but after he passed away I was told that the will had been changed, which was news to me and I haven't had sight of that will.
My mother is a named executor.
I don't know if there are other executors, but I am told not. I should stipulate that it is often not advisable to put much stock in things my mum says.
My father passed away towards the end of 2019.
The only explanation I can offer as to why she is not applying for grant of probate is she is an exceptionally difficult and stubborn person. I have tried on a number of occasions but ultimately found it impossible to have a conversation about the will and processes surrounding it, as she gets very aggressive. She says the matter has been dealt with as far as she is concerned, as she has transferred his money to her account. I am quite worried about things not being done properly. I have a sibling but she lives in the US and if my mum died, I would be left with a real mess to clean up.

[des8]

So IF there is a will which names your mother as executor you could go through the process of issuing a citation for her to take a grant of probate

As you don't have a copy of the will you will first need to make an application under .Rule 50(1) of the Non-Contentious Probate Rules 1987 for the court to order your mother to attend court for examination, and to answer questions and bring in the will.
It sounds simple, but you may well need professional advice and at that point it starts becoming expensive
.
You mentioned a separation..... were your parents married at the time of your father's passing?

[sophielong]

So IF there is a will which names your mother as executor you could go through the process of issuing a citation for her to take a grant of probate

As you don't have a copy of the will you will first need to make an application under .Rule 50(1) of the Non-Contentious Probate Rules 1987 for the court to order your mother to attend court for examination, and to answer questions and bring in the will.
It sounds simple, but you may well need professional advice and at that point it starts becoming expensive
.
You mentioned a separation..... were your parents married at the time of your father's passing?

Thank you for your reply.

Yes, my parents were married at the time of his passing - they only ever separated, never actually divorced.

This sounds like it's going to be a nightmare. I feared as much.

[des8]

Good luck,
Try and find a solicitor who specialises in contentious probate.
Ask for an initial fixed cost (or even free) consultation to understand your options and possible ways of funding any action you might decide to pursue.