Executor may have withheld information from solicitor regarding a property

[HywelM]

I am an executor for my brother in law's will, which is currently waiting for Probate. There are signs that a co-executor withheld my deceased sister's will - which included a clause stipulating that a a property she and I owned jointly would pass to me on her death - from the solicitor handling the estate. . My sister's will disappeared a few months. I took legal advice from a solicitor, who informed me that my sister's will unequivocally specified that the property would pass to me on her death. I am wondering if I should take further action, specifically regarding whether the solicitor was negligent in not following up on my sister's will, which the co-executor told him had been 'administered' and was no longer relevant, and whether the co-executor deliberately misled the solicitor for personal gain.

[PallasAthena]

So who is registered owner on the title at the Land Registry now? Prior to your sister's death were you registered as a co-owner? Was that as Joint Tenants or Tenants in Common?


Was Probate granted for your sister's estate? If so her Will is online and you can download a copy.


How does this link to your brother in law's Will? They seem from your post to be unrelated matters

[HywelM]

A transfer of ownership to me as sole owner is now imminent. My sister and I were Joint Tenants. I have a copy of my sister's will, and the co-executor was asked by the solicitor to provide him with a copy of my sister's will. Probate was not sought for the will, as her estate went to her husband (my brother in law). Six months after my sister died, her will, and my brother in law's (which had been written at the same time) went missing. I asked the co-executor if they knew where the wills were, and they told me that they didn't know. I discovered last year, when my brother in law died, that he had written a new will, which was taken to make my sister's will irrelevant. When he saw my sister's will, the solicitor immediately emailed me to say that he had been misled, and that the transfer of ownership should have been effected after my sister's death. So far, so good, but without wishing to be vindictive, it looks as if there may have been some rigging of the wills.

[PallasAthena]

So you are now in possession of a copy of your sister's Will and the original of your BiL's (as it has been submitted for Probate). And your sister died before your BiL. Have I understood that correctly?

As you and your sister co-owned the house as Joint Tenants ownership is passing to you 100% because of the 'survivorship' rules applying to Joint Tenants and not through he Will, so what her Will said was irrelevant to you becoming 100% owner and Land Registry are now actioning that. It appears that the co-executor's actions may have mean that has taken longer than it should have done although there was actually no reason why any executors needed to be involved, you could have just requested the re-registration as sole owner yourself direct to the Land Registry

So is there anything left to be resolved? You are executor to your BiL. Is there anything in his Will which gives you cause for concern that it might be defective in some way? In what way do you think his will may have been 'rigged'?

[HywelM]

Thanks for your message. I now have copies of both my sister's and my BiL's wills, and, as you point out, the matter of the property could have been settled earlier, had I or the solicitor managing BiL's estate had a copy of my sister's will. BiL's sister apparently told the solicitor that my sister's will had been 'administrated' and was no longer relevant. When he obtained a copy of my sister's will he immediately contacted me confirming that the property should be transferred to me. He also made it clear that he felt he had been misled, either deliberately or through oversight, regarding my sister's will and the property. At this stage I am happy with the outcome, but it has cost me money, time and effort to resolve the matter, and I am wondering if there has been a lack of due diligence on the part the solicitor, and/or manipulation by BiL's sister.