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Joint Executors, should each know what the position is regarding Probate etc?

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  • Joint Executors, should each know what the position is regarding Probate etc?

    My Brother-in law died last August, and myself and a Will Writing firm are named as Executors.
    When he had his Will drawn up he had paid extra for the Will Writing firm to look after probate etc when he passed away.
    Therefore I got all his paper work together, he had many investments and also owned two houses, and sent as much information that I could find to this firm, to date I have heard nothing, and I know for a fact that the houses are not up for sale at present.
    As a joint executor should I expect to be told from time to time exactly what the position is regarding probate etc.
    I have emailed a couple of times regarding the above question but to date have not received a reply.

    Thanks for any replies.
    Tags: None

  • #2
    Hi
    Did you speak to someone at the company before sending all the documents?
    If you did, did they agree to acting as joint executor?
    As an executor and you haven't reserved your power, you are jointly responsible to manage the deceased's estate and will have to sign forms including the probate application

    Is it possible the company when they quoted your BIL for executor services they weren't aware of how many investments and properties he had? The amount of documents they have received has come as a shock?
    Last edited by Pezza54; 13th March 2024, 18:13:PM.

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    • #3
      THANKS FOR YOUR REPLY.
      Did you speak to someone at the company before sending all the documents? YES I DID BOTH ON THE PHONE AND EMAIL
      If you did, did they agree to acting as joint executor? YES THEY DID, IT WAS PART OF WHAT MY B.I.L SIGNED UP FOR.
      As an executor and you haven't reserved your power, you are jointly responsible to manage the deceased's estate and will have to sign forms including the probate application. NOT SEEN ANY THING SO FAR

      Is it possible the company when they quoted your BIL for executor services they weren't aware of how many investments and properties he had? The amount of documents they have received has come as a shock? THAT IS POSSIBLE, ALTHOUGH I THINK THEY HAD A LIST OF A FEW OF HIS INVESTMENTS, MUST ADMIT FROM MY POIN OF VIEW IT ALL SEEMED RATHER COMPLICATED.

      Comment


      • #4
        You should chase the company by phone and find out if they still want to be executor and if they do what have they done so far
        If they haven't intermeddled in the estate it is not too late to renounce their executor duties

        Comment


        • #5
          Will give them a ring and see what response that I get.

          Comment


          • #6
            I don't think that the OP has said whether Probate has yet been applied for or obtained.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              I have now emailed 3 times and had no reply, telephoned twice and told that the person dealing with things was not available and would ring back, did not happen, what on earth can I do.
              How do I find out if probate has been applies for?
              It is now 7 months since BIL passed away, as a joint executor I would have thought I would have been advised of how things are going.

              Comment


              • #8
                As executor you will need to complete and sign forms for the probate application

                You can search the probate registry online to find out if probate has been granted
                .
                Speak to the main beneficiaries and update them regarding the delay caused by the company If they are unhappy about the situation a main beneficiary or next of kin should contact a solicitor about obtaining a court citation instructing the company to either accept or refuse the grant of probate.

                If the company refuses, and as the estate sounds complex with IHT forms etc, the beneficiaries will probably want the solicitor to apply to court for the appointment of a replacement executor

                If this happens you will have to retrieve all the documents you sent to the company to pass to professional probate practitioner

                Comment

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