Executor or friends Will , property left to children issue

[des8]

One other aspect you perhaps should consider is the personal liability you have as an executor.

You are already concerned about he possible (re)actions of your co executor, which may lead to wrong decisions
If by chance you make a mistake you have a personal and unlimited liability for claims that occur as result of your actions
That liability lasts a lifetime.

It is possible to purchase insurance to cover the risk; premium cost is an expense claimable against the estate

[Dawnexe]

Sounds like the solicitor that prepared the Will may need to update his methods if obvious things are missed from a Will.

That is the solicitor to contact and ask for an explanation, without any cost, as it does seem the Will is confusing.

If he cannot clarify that the Will is correct and as your friend wished according to his notes that should have been taken when receiving instructions, then he must be responsible if it is contested, although that may be doubtful.

What concerns me is that if the husband has not been granted a lifetime interest, then that is either what your friend wanted and instructed the solicitor to do, or the solicitor has made a mistake in not including it. Perhaps DES8 may wish to comment on this.

As the value of the property continues over time and the invested capital also increases, that is all for the children, although the eldest (date of birth would help) may possibly benefit sooner than the younger depending of the husbands residency.

One step at a time, we can discuss the investment nearer the time, but in view of the elder, that capital needs to be kept in cash, all be if, possibly an ISA to take advantage of the tax free growth?

Importantly, did you and the husband BOTH apply for Probate, or just him?

Sam

He applied for probate and entered my name as the other executor but he said there was a tick box next to it saying why isn’t the other executor applying. He said he had to tick a box , there was no other option? So he ticked I reserved my right. I have already questioned this and said maybe I need to ring the probate office to clarify. I think he thought applying for probate was to get paperwork to allow him to access the bank to pay the funeral costs but I said probate is for dealing with the whole estate I think so I need to have my name on it too. Can I rectify this? He’s been anxious to pay the funeral bill as it’s currently on his credit card. Issue is we don’t live nearby each other and a lot of stuff is done over the phone

[Sam101]

This is what I feared may have happened. You need to contact the Probate office as soon as possible. Explain the position and check that you will BOTH be granted the Probate with joint authority and no one executor shall have power. If you don't do this, the husband may be granted Probate to act alone and be able to access the bank accounts and pensions and you may be left with a big problem.

I believe that the husband may know a lot more about retaining control of this than he may let on. Do still clarify matters with the solicitor.

Perhaps DES8 may wish to comment?

[Dawnexe]

This is what I feared may have happened. You need to contact the Probate office as soon as possible. Explain the position and check that you will BOTH be granted the Probate with joint authority and no one executor shall have power. If you don't do this, the husband may be granted Probate to act alone and be able to access the bank accounts and pensions and you may be left with a big problem.

I believe that the husband may know a lot more about retaining control of this than he may let on. Do still clarify matters with the solicitor.

Perhaps DES8 may wish to comment?

Now I’m panicking. Do I just ring the probate office ? I will do this tomorrow. He seemed convinced he was just putting his name in the application for probate. I don’t think he realised probate related to dealing with everything cuz he said to me you will still be executor it's just me doing the application. I have emailed him to say i think,it’s been done wrong so,he knows I want to ring them.

[Sam101]

I do hope that what he has said is right, but unless both executors apply and sign the application, otherwise, the Probate office would not be asking why the other executor has not applied,

I understand that the Probate applicants should both sign and apply, but from what you have said, it looks like he has applied and put you down to have 'reserved' your right to act at a later date, not initially, giving himself the right to deal with banks and pensions etc. .If so then you have to reapply yourself.

You need to contact the Probate office this morning to clarify and ensure that you can both be appointed as in the Will.

At the same, as the original Will has been sent in with the Probate application, you need to request a couple of CERTIFIED copies. You will need these as a photocopy is usually not acceptable.

[des8]

I think your co executor is telling porkies.
The form for applying for probate asks a definite question as to why named executors are not applying..it is not just a question of tick boxes.(form PA1P sec 3.6 https://assets.publishing.service.go...ave15_3_22.pdf)

Phoning Probate registry might not produce any advice (court clerks aren't allowed to give legal advice), byr try anyway.

I have the impression that you Dawnexe is completely new to this situation and has little idea of your duties, responsibilities and liabilities.

If I was in your position I would consider immediately entering a caveat (https://www.gov.uk/stop-probate-application) cost £3.
This will stop his probate application until you sort out what you want to do, and then you can lift it easily.

Then instruct a solicitor to act on your behalf... his costs will be met by the estate.
No need to tell the other executor until you have done it (after all he didn't tell you he was applying for probate!)

I'm also surprised that he had to pay for the funeral by credit card.
Even if the deceased's bank account was not released by the bank, the banks normally meet the funeral directors account whilst awaiting sight of the grant of probate

I would also be wary of agreeing matters over the 'phone.
Try and keep things in writing (email even) and if necessary confirm telephone conversations in writing.
From the little we know I would have concerns about your coexecutors intentions

[Sam101]

The page requiring notice why an executor is not applying is Page 17. So I wonder which box he ticked and what explanation he gave. Please reply once you have spoken with the Probate office.

Sam

[Dawnexe]

I have spoken to the probate office this morning and they said they need an email from him stating that i wished to be joint executor and to give all my details. The email has to come from him apparently. I have written to him and he is now refusing to deal with this any further and has asked me not to contact him for 2 weeks so he can spend time with his kids.He does have a lot on his plate dealing with 2 grieving children and holding down a job but has completely refused to deal with this any further for a couple if weeks by which time the probate will probably have gone through. It has all been amicable until now but unfortunately he has become difficult to deal with which is what I feared from the outset.

[Sam101]

Whilst I appreciate the problems he has, it would take no time at all to have done an e-mail to correct the application. I now feel certain that he is trying to get himself appointed and leave you out so that he can take advantage himself.

You received a message from DES8 this morning, in which he said ( If I was in your position I would consider immediately entering a caveat ( https://www.gov.uk/stop-probate-application ) cost £3.

This can be done online and will stop his probate application until he is prepared to act as his wife requested and then you can lift it easily. and I agree that this should be done by you as soon as possible. It is an application that would put a hold on the Probate on hold, but can be removed quickly once he has sent in the e-mail and details,

Once you have done this, you then need to remind him of the wishes his wife made for you both to act together for their children and you intend to do whatever is necessary, but do not now accept any comment from him that he will do the e-mail as it could well be a stalling action to get the probate through in his name. SO PLEASE, DO THIS TODAY.

Once he has seen that you know how to act correctly, if he will not comply and share the task, then he risks the chance of being prevented from acting as it is not as the Will requires.

Let me know how you get on, but there is not enough time now for you to go to a solicitor, the Probate needs to be stopped.
Sam

[Dawnexe]

Thank you again for your help. I will do this today and inform him I have put the application on hold until such time he is ready to proceed together.

you are correct I have not done this before so I am so worried about doing the wrong thing.

[Sam101]

If you continue with the contact we have made with this forum, you will receive our very best guidance, so don't worry too much.

Don't say anything to the husband until you have effected the 'STOP' on the Probate application. possibly the day after or later. .

YOU can remain in the driving seat and ensure that he acts correctly, but there is far more information that is needed and it will depend on him playing the 'Honest Husband' role. We can chat about the other areas once the Probate has been stopped.

Sam

[Dawnexe]

OK. Will he be notified of the STOP that is put on the application.? I was going to notify and say I've paused it until he's ready in a couple of weeks to deal with it and to contact me when he is ready!
thanks so much for your help so far. it's been invaluable

[Dawnexe]

can you also clarify. If I have power reserved that this does mean I can apply at any time to become involved in the estate. how do I reverse power reserved when I want to. If for example I'm too late for a caveat and on the application I have power reserved how do I then request to have equal power ?

[Sam101]

He would be notified, but your suggestion is a good one to say you appreciate the pressure he must be under and that the children need more attention so as he wants a breather you have stopped the Probate until he's ready to proceed to help him.

He wanted you to be registered with power reserved, but this shouldn't happen with the stop put on. Can you confirm that it has been done?

When he is ready to be sensible and proceed correctly, then he will need to e-mail the Probate office to change the application he made so that you are bot registered jointly and then everything needs to be done together. He may want to do this sooner with the stop on.

Do you already have details of your friends bank accounts, possibly another one where they were jointly paying a mortgage, previous employers to obtain pension detail, and other assets of your friend.

Are her parents alive and do you know how to contact them. They may well have lots of information that they can help with and would certainly want to help as it's their grand children you are helping.

Don't ask the husband for anything at this time and I will suggest more once I know that the Probate has been stopped.
Sam

[Dawnexe]

Unfortunately her parents are not alive. She has no one else to fight her corner. I think he is very annoyed that I’m interfering in his life right now. He was very pleasant up until now but as soon as I question things he’s very defensive. So he has asked me not to contact him or his children but they have no one else to turn to. I was best friends with his wife for 45 years so he knows I know everything that has gone on previously in their relationship. Also think there is someone waiting in the wings so to speak. It’s all really awful.