Help needed on a Will from 2020 that doesn't appear to have probate paid

[wormhook]

Hi,
I wonder if someone would kindly help me?.
My elderly mother sadly passed in 2020- unfortunately, I believe the executor of her will is a family member I no longer have contact with. It's now two years since I found out that the will existed and was with a local solicitor, but it does'nt show up on any probate/ will searches- so I wonder what I could do?.
Any help would be most, most appreciated
Thanks
WH

[atticus]

The executor can be 'cited' to take out a grant of probate - in effect he can be told to get on with it or get out of the way.

Read this:

https://www.nelsonslaw.co.uk/citation-grant-probate/

Getting hold of a copy of the Will may be a problem. Perhaps another contributor will have some advice on that.

[des8]

Condolences on the loss of your mother

Do you know for sure there is a will?
If so are you certain who the executor(s) is/are?
If so do you think you are a beneficiary under the will?

Has somebody settled your mother's estate?
If so do you know whom?

Did your mother own her own house/land/stocks/shares?
If not, the estate could have been settled without the need for a grant of probate

[wormhook]

Condolences on the loss of your mother

Do you know for sure there is a will?
If so are you certain who the executor(s) is/are?
If so do you think you are a beneficiary under the will?

Has somebody settled your mother's estate?
If so do you know whom?

Did your mother own her own house/land/stocks/shares?
If not, the estate could have been settled without the need for a grant of probate

>Do you know for sure there is a will?
Yes, I've had confirmation from a local solicitor they held the will.

>If so are you certain who the executor(s) is/are?
Pretty sure, as we were a small family

>If so do you think you are a beneficiary under the will?
that's what I want to find out...sadly the 'family' member is a nasty piece of work, and didn't even inform me my mother had passed!

>Has somebody settled your mother's estate?
>If so do you know whom?
Her rented house was cleared....that's all I know


>Did your mother own her own house/land/stocks/shares?
I believe there was something yes

[des8]

To have the court issue a citation forcing the executor to take the grant of proate you will need a copy of the will.
I would suggest you ask the local solicitor who had your late mother's will if he still has a copy, and if he would act for you in citing the executor.
The process is quite clunky (technical term) in you must first enter a caveat, then draft the citation which is lodged with certain documents.
When the court issue the citation it has to be personally served, and then confirmation of service has to be made to the court by affidavit.

Then what happens depends on reaction of the executor


Meant to add, but got distracted, that the solicitor may well decline to act as the will is a document private to the executor until probate has been granted.
Also there may be a conflict of interest.

This will leave you with the option of applying to the court for an order under Rule 50(1) of the Non-Contentious Probate Rules 1987 that a person attend court for examination, and to answer questions and bring in documents abbout the will.