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Renouncing executor may have original will

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  • Renouncing executor may have original will

    My parent's extremely difficult (and only) executor has now said that she's renouncing. She also says that the solicitor holding the will is sending it to her. So presumably it's in the post.

    The executor has also said that she will no longer communicate with us. And that she's sending the will and all documents straight to the probate office.

    Where does that leave my sibling and me? If the solicitors no longer have the will, we can't ask them to do probate. If she doesn't return it to us (and she won't) we can't do probate. If she sends it to the probate office, what will they do?
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  • #2
    Why not check with the solicitor? say that if this person is renouncing, you want to apply for probate, and therefore if they have the will, can they please send it to you.

    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

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    • #3
      I've told the solicitor. Or at least I've been leaving messages all day and have sent an email, on the off chance that they haven't sent it yet. But no-one has got back to me.
      What I hope to find out, is what I do if she already has the original. And if she does what she's said she's going to do, and just sends it to the probate office with no forms done, what will they do.

      Given that she's said she will not communicate with us (ever) we're reliant on the actions of others.

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      • #4
        Intermeddling?

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        • #5
          I had to look up intermeddling. I don't think anything financially nefarious is going on. There's a history with this person, and I think it's more about mental health, stubborn-ness and pride.

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          • #6
            Intermeddling by an Executor means that Executor would find it very difficult to now resign.

            Look up wills intermeddling executor resignation and read on...

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