Probate granted but executor not doing anything towards administration.

[Lutontown]

Was hoping to get some comments on above post by now >

[Pezza54]

Sorry I have tried everything, enlarging, zooming in, but the print quality is so bad I can only read the occasional word

[Lutontown]

Sorry I have tried everything, enlarging, zooming in, but the print quality is so bad I can only read the occasional word

Sorry will try and redo .

[Pezza54]

Thanks
In your letter to your sister's solicitor you state you were unaware of a new draft will. Your letter does not state the will was not signed either by your mother or 2 witnesses.
In an earlier post you stated your mother did not sign the new will.
For a will to be valid it must be signed by the testator and 2 witnesses.
Kindly confirm which will was used for probate?

[Lutontown]

Thanks
In your letter to your sister's solicitor you state you were unaware of a new draft will. Your letter does not state the will was not signed either by your mother or 2 witnesses.
In an earlier post you stated your mother did not sign the new will.
For a will to be valid it must be signed by the testator and 2 witnesses.
Kindly confirm which will was used for probate?

Hello , The signed will was used to get probate . After probate was applied for , she came up with a draft will. and says it was not signed due to Mums health . She did not even tell the Joint executor of this draft will . She asked for mediation to "sort things out" . The joint executor seems to have washed his hands of it all . Even though he supplied a letter confirming he had no knowledge of a draft will and stated Mum would have asked his advice . .

[Pezza54]

Was her solicitor involved in drafting the second will. It seems strange the solicitor should mention it in their letter if it wasn't signed and produced by your sister

[Lutontown]

Was her solicitor involved in drafting the second will. It seems strange the solicitor should mention it in their letter if it wasn't signed and produced by your sister

Good morning , It was drawn up by solicitors ,but they were also acting for my sister , account was later closed , maybe because of conflict of interest ? She is not suppling any details of administration of the estate claiming she is due compensation for looking after Mum . But like i have said no claim has been made under the inheritance act . She went behind the joint executors back and tried to get the will changed , saying it was discussed within the family , untrue . Neither my brother or I were aware of it . I have pointed out that there is no mention in the signed Will allowing her to remain in the property , which she has done , and playing no rent to the estate .
It is clearly a conflict of interest and I believe she should have stepped down ,and a independent Executor appointed . If she had been open with the other beneficiaries ," look I did a huge amount looking after Mum ,I deserve some compensation ." I believe we could have worked out an agreement .

[Pezza54]

Post 35 was the first time you mentioned there was a second executor. The second executor can't ignore their legal duty
You should write to this executor and request they get involved and now they have been named on the probate certificate ensure the terms of the will and your late mother's wishes are followed

[Lutontown]

Post 35 was the first time you mentioned there was a second executor. The second executor can't ignore their legal duty
You should write to this executor and request they get involved and now they have been named on the probate certificate ensure the terms of the will and your late mother's wishes are followed

Hi , Only one Executor is named on grant of probate . He was told by her only one person could apply for probate .So although he did not officially stand down , he gave her written permission to act for him . He has as yet not replied to any of my solicitors enquiries .

[Pezza54]

The executor named in the will can put in for a second grant of probate which will run concurrently with the first grant.
You should encourage him to do this. It will be far cheaper than legal costs to remove your sister executor

[PallasAthena]

Only one Executor is named on grant of probate . He was told by her only one person could apply for probate .

That was simply not correct. There is no such rule and it has long been the law in England that up to 4 executors can be named on the grant(s) of probate. It is common for more than one executor to be named on probate. What he was told is nonsense.

[Lutontown]

That was simply not correct. There is no such rule and it has long been the law in England that up to 4 executors can be named on the grant(s) of probate. It is common for more than one executor to be named on probate. What he was told is nonsense.

Well yes just another reason she can not be trusted . Also told my solicitor there were legal proceedings as a excuse for delay in probate . She is giving all sorts of excuses , I don,t think she has a clue what she is doing . Also making out there are debts to settle .My mother would have never taken on debt , any debt that have been run up will have been due to my sisters lining her own nest . My mum would have been on disability benefits and reasonable pension so would have had plenty going into the household per month .

[Lutontown]

The executor named in the will can put in for a second grant of probate which will run concurrently with the first grant.
You should encourage him to do this . It will be far cheaper than legal costs to remove your sister executor

He has never engaged with me to sort this , I fear he may be suffering with metal health issues But apart from that , probate was granted coming up to six months ago . I surprised that a claim under the Inheritance act was not made . Could it be she was advised that it would fail or too costly ?

[Pezza54]

On 3 February you stated probate just granted
Now, 21 Feb, you are saying probate granted almost 6 months ago
Which is it?
It might be a good idea to set out exactly what happened in date (or approximate date if you don't know the actual date) order in short sentences, date first, starting with the drafting of your mother's original will and ending with the last correspondence (email or letter)

If you end up having to make a court application to remove the executor, this list will be useful in the drafting of your witness statement to prove the executor has failed to act diligently

[Lutontown]

Sorry thing got a little mixed up . So , Signed Will , dated February 2016 . The three children to share the estate . My sister and brother to be joint executors .
Letter of wishes signed but Not witnessed March 2016 . accepted by all parties . But not seen until June 2021.
Mum died 2021 February .
Probate applied for April 2021 .
Information received via emails from Mums / Sisters solicitor containing a copy of a draft will , unsigned , June 2021 .
Draft will was written January 2020 . Mum had been diagnosed with dementia two years earlier .
Letter from joint EXECUTOR , stating he had no knowledge of a draft will. And stating he was told only one executor could apply for probate . Not received until 2022 February . Since which no comments have been made by him .
My solicitor requested information on probate In August 2023 , probated grant September 2023 naming my sister sole executor .
Several further letters from my solicitor requesting details of Administration or that she steps down as executor ignored .
Now nearly six months since grant of probate , no claim under the inheritance act received .
Several emails have passed between my sister and myself , again no clear information supplied .Only repeated claims that she should receive a larger portion of the estate , and she has the option of purchase . Also an insistence that she has the right to occupy the property for ten years rent free plus compensation for looking after Mum .