If both attorneys will not act.

[Bill e]

I try to keep this brief as I would think all the sordid details are irrelevant to the question.

Situation where the last surviving parent dies, 4 children all named as equal beneficiaries, 1 child talks farther (86 easily lead) into selling his house and living with said child (who is the only power of attorney)– free extension + lots more, 2 children wouldn’t visit because of the said childs (attitude, abuse etc) 2 children are executors of his will.
If both executors will not execute the will (seems to be the case), what will happen?
Does any money/possessions just not get distributed and lie dormant if none of the family do anything? Actually said child will have all the possessions.

[Pezza54]

Do you know why the 2 executors are refusing to act? I assume they agreed to be named executors when the father made his will'
Who obtained his death certificate and arranged and paid for the funeral?
How long ago did the father die?

When he died the LPA ended and banks should have frozen his accounts and waited for the executor or executors to make contact.
That's assuming someone notified the banks and provided a death certificate.

Is it possible the child who had the LPA hasn't notified the banks about the death and is continuing to withdraw money? That would be a serious offence.

Have you seen the will? Have you any idea how much the father's estate is worth? Who has told you the executors haven't applied for probate?
If the father's estate is low value without property, probate may not be required

The main beneficiaries are entitled to ask the executors about estate progress. If they are unhappy about the answer they should consider appointing a solicitor to send a warning letter

[Bill e]

Do you know why the 2 executors are refusing to act? I assume they agreed to be named executors when the father made his will'
Who obtained his death certificate and arranged and paid for the funeral?
How long ago did the father die?

When he died the LPA ended and banks should have frozen his accounts and waited for the executor or executors to make contact.
That's assuming someone notified the banks and provided a death certificate.

Is it possible the child who had the LPA hasn't notified the banks about the death and is continuing to withdraw money? That would be a serious offence.

Have you seen the will? Have you any idea how much the father's estate is worth? Who has told you the executors haven't applied for probate?
If the father's estate is low value without property, probate may not be required

The main beneficiaries are entitled to ask the executors about estate progress. If they are unhappy about the answer they should consider appointing a solicitor to send a warning letter

I am assuming some of this, but will try to answer your questions,
1 executor has said he will not carry out,, the other I assume will not as there would be a lot of work (and is financially well off) has stopped speaking to the others, (she may have done the funeral)
Said child would have obtained the death certificate maybe in conjunction with executor child.
Father died last month, none of the others were told sadly, missed the funeral..
I actually knew about the LPA ending on death, said child very likely paid for funeral (Illegally).
Was only told about the will by the deceased and his wife, said child sold his house (POA) to her daughter (I know for certain she was offered 30k more and refused) this was 2+ years ago when his wife died.
Also found out he died in a care home so depends on how long he was in but say 50 – 80k.but may be a lot less
They actually could have applied for probate but I doubt it.
As you will have gathered said child has took over and the others are either not concerned (1 executor), or have broken contact because of abuse, they have not been told.
What a mess, parents were two of the nicest people you could meet.

Any advice at all would be very welcome.

[atticus]

Other beneficiaries can 'cite' the named executors to take up the appointment or stand aside to let others do the job. There is a court process to do this.

[Pezza54]

If the father's estate is £50k to £80K the bank will probably want the probate certificate to release funds.
Probate is now taking up to 8 months to issue the grant due to a backlog
You stated the father passed away last month, so it is too soon to chase the executors other than to ask if probate is required and if it is, has it or when will it be applied for

[Bill e]

Thanks for the replies, much appreciated.

So I assume that one of other beneficiaries would need to act (as in, cite) to one or both of the named executors to carry out their role? Which I think will not happen. I assume any assets will then lay dormant forever?

Assuming there are assets in the fathers bank account one of the beneficiaries would have to apply for probate, is that correct? As they are estranged (to put it mildly) is it possible to find out if probate has been applied for? Can one person apply for probate without the others input/knowledge? Again I assume assets will lie dormant if none of the beneficiaries apply.