Probate granted but executor not doing anything towards administration.

[Lutontown]

yes i do intend to follow it through But it does come with a warning about possible costs , which I could not cover . If she does not respond and court see she has made no effort to forwarded any details of action to settle administration . Could they make a ruling without a court hearing ?

[Pezza54]

Not straightforward if the executor has intermeddled in the estate. See post 5

[Lutontown]

Not straightforward if the executor has intermeddled in the estate. See post 5

Sorry I do not understand intermeddled ?
could I point to Heath v Hearth decided on 17th January 2018 . Headlined as removal of a blameless executor ,
Although I would point out that my solicitor would argue the executor could not be described as blameless . and are more likely to say they have been deliberately obstructive .

[Pezza54]

Intermeddled means the executor carrying out any duties such as transferring deceased's money into an executor's account or paying deceased's debts

[PallasAthena]

Sorry I do not understand intermeddled ?

"If you have been appointed as an executor of someone's Will you will have one of three choices:

1. Take up the appointment
2. Renounce the appointment
3. Have power reserved to you if there is another executor who can act instead

However, you should bear in mind that if you 'intermeddle' with an estate after a death, you will not be able to renounce your appointment and will need to act as an executor.

"What does intermeddling with an estate mean?

Intermeddling means that you have handled the deceased person's assets or held yourself out in the role of an executor. This could be collecting an asset or paying a debt. It could also mean you have dealt with handing over an asset to a beneficiary or have been running the deceased's business after their death.

Certain acts are not regarded as intermeddling, such as arranging a funeral, securing goods or moving assets to a place of safety. By preserving the estate assets initially you are not considered to be assuming the role of executor."

https://sasdaniels.co.uk/blog/interm...with-an-estate

[Lutontown]

Intermeddled means the executor carrying out any duties such as transferring deceased's money into an executor's account or paying deceased's debts

Thank you , well there were no debts and only one life policy . So all they have done is apply for probate , and finally gain probate , after blaming me for the delay ,2 years 6 months. They failed to follow out application ,until my solicitor enquired into the delay ,and warned of possible action. So basically sat back and did nothing , and still not supply accounts or details of actions to administer estate

[Pezza54]

How is the executor blaming you for the long delay?

[Lutontown]

How is the executor blaming you for the long delay?

I had been warned that my sister the executor was up to no good .She had planned for a long time to take over the family house and control my parents finances. So was very weary of her actions . There was some doubt about the where abouts of the Willl . So when I knew she had put in for probate , I applied a Caveat . I had hoped she would issue a warning to me , I wanted to question her about her intensions as she had tried to get the Will altered in her favor . I had second thoughts and withdrew it , after 3 months . She then produced a draft will ,and all sorts of rubbish about what our Mother had told her about being able to stay in the property, without supplying any proof . So out of frustration took out another Caveat . But after consulting a solicitor quickly withdrew it again . He advised, the will as it stood was straight forward and I should let probate go through . The executor never followed it up to ask what the delay was . Hence blaming me saying caveat was still in place . She had stopped all communication with me , saying contact should only be via her solicitor . I emailed them several times , with no response , only to find out months later the account had been closed .

[Pezza54]

In your first post you stated probate has just been granted. Solicitor executors often wait 6 months after the date of probate before distributing the estate as this is the time limit for starting a claim against the will under the Inheritance Act
Your 2 caveats will have contributed to the delay in obtaining probate. Probate does not automatically inform the executor when a caveat is removed

[Lutontown]

In your first post you stated probate has just been granted. Solicitor executors often wait 6 months after the date of probate before distributing the estate as this is the time limit for starting a claim against the will under the Inheritance Act
Your 2 caveats will have contributed to the delay in obtaining probate. Probate does not automatically inform the executor when a caveat is removed

She is taking no steps to sell the house , the only asset of the estate . She has no intension of moving out so it can be sold . She has had 3 years to take steps to sell the property , does not need to wait for probate to set the sale process in motion . My daughter told her Caveat had been remove ages ago , she did nothing . She and her son have been staying in the property and paying no rent to the estate . In fact she has been spending money on the house ,not to enhance sale value , to make herself comfortable .

[Pezza54]

The executor needs probate to sell the house. Estate agents ask to see the probate grant before they are prepared to advertise it.

[Lutontown]

The executor needs probate to sell the house. Estate agents ask to see the probate grant before they are prepared to advertise it.

I do appreciate everyone's help . Yes that maybe true but why no replies to my solicitors enquiries ? She has continued to allow her son to fill up the garden with his scrap cars and motor bikes , he has absolutely ruined it , I dread to think whats gone on inside . They have devalued the property . I want to get her removed and get it sorted out .It should not be made so hard to get the wishes of my mother carried out . That is, property split three ways There is no way we could share the property , so I want my inheritance and move on . They believe they are entitled to live there rent free , that is not justice .

[Lutontown]

Please can anyone help ! So far it has cost me a lot of money and just can not get any further advice due to costs .
I t is clear my sister the Executor , has no intention of selling the house . The grant of probate to her was on the grounds of a signed WILL . This divides the estate equally between the three children .
However after probate was applied for a draft will was produced unsigned unwitnessed . Given the grant of probate was under the condition of a signed and witnessed Will , is it not the case the Executor should settle the estate on that basis ? I believe the inheritance ACT does allow for a claim to be made against the estate and for a person to apply for a different dispersal of the assets . Surely if the executor believe they have a claim for a different dispersal of the estate there is a conflict of interest . Would it not be appropriate for the step down of the Executor and a independent Executor be appoint . The person can then make a claim under the Inheritance act ? Although there is a time scale in which this should be done .

[Pezza54]

If you haven't already got a copy of the original will, obtain one from the Probate Registry. It would be helpful for forum users to provide advice if you post the relevant clauses in the will that deal with the estate and in particular the property Please redact all names and addresses

[Lutontown]

If you haven't already got a copy of the original will, obtain one from the Probate Registry. It would be helpful for forum users to provide advice if you post the relevant clauses in the will that deal with the estate and in particular the property Please redact all names and addresses

Hi yes have a copy of the Will , and also a signed letter of wishes ,that states my sister be given first option of purchasing property then failing that, it be offered on the open market . All three beneficiaries accept that letter of wishes . My mother was diagnosed with dementia two years before the draft will was written .