Estate not administered since 2020

[JustAThought]

This is a new query
Wife (W) and husband (H) died withim 5 years of each other but estate not administered...

(W) died 2020. Niece did funeral but took sick with big C. Nothing else passed on. The Will has nephew and other (age in 90s) as Executors but they had not taken any steps to deal with estate of (W).
(W's) spouse (H) died in 2025.
Executors for (H) and (W) are the same persons. Wills done 2011. But again Executors did nothing until in 2026 appears there's a house sitting in situ owned by both (W) and (H)

Now nephew as one Executor has made enquiries. (W's) estate has been "cleaned out" before his death in 2025. Evidence points to (H) being cuckoo'ed after death of his spouse (W).

Appears (W) has significant and separate monies in account from (H) and (H) had his own separate monies.
DWP, HMRC, Banks all say nothing to do for (H). There's no signs being revealed of new POA, Will, no probate, no paperwork. So unable to find out who dealt with (H's) affairs beforehand and now at death, but points to the cuckooing. Agencies are not disclosing for (H) but fortunately a bank did, hence why found out balances are NIL.


Does all (W's) money and assets (assuming house is joint tenancy) pass to (H's) estate as per (W) Will and how can we find out, legally, who is legally in charge, of H's estate (presuming a new Will was made)?

Trying to help nephew gather before taking in monies and appointing a solicitor.

[JustAThought]

Apologies, any guidance from members, truly appreciated.
Thank you.

[Tofros]

Why would you assume a new will was made by H after his wife died? What did the 2011 will say?

if they owned their house as joint tenants then it would have passed to the husband by survivorship rather than under Ws will. It is common for the title not to be updated in such circumstances.

As to monies in Ws name it may be that the relevant banks were happy to pass the funds to H without probate. Some banks will release funds up to £50,000 to a spouse, especially if they were both customers of the same bank. His bank should be able to provide copy statements going back 6 years so the executor will be able to see if sums were transferred in after Ws death.

it is usual for wills which leave everything to the spouse to specify who is to benefit if the spouse predeceases the testator so I would expect the 2011 will to say something like that.

[atticus]

Why did this nephew not fulfil his duties as executor?

[JustAThought]

Thank you

The nephew thought the niece was doing everything. He obviously, didn't realise what being an Executor meant. He also didn't understand what he was meant to do with the LPAs/POAs.
No money has been transferred from (W) to (H). The niece and nephew (as the Executor) did not deal with any paperwork or estate matters. Just starting now (Feb 2026).
(H's) 7 years worth of bank statements show external transfers and then closure of all accounts before he died. Those transfer are not to (W).

The what if beneficiaries are all stated.

[JustAThought]

Just asking what happens to (W's) estate... There are significant amounts in accounts. As (H) would have inherited... Does (W's) estate pass to (H's) estate or do funds now go to the stated beneficiaries under (H's) Will?

Not sure if new Will.

[atticus]

To the beneficiaries via the estate

[Tofros]

You can check whether the property ws owned jointly or as tenants in common on the land registry - for a small fee you can get the proprietorship register and the part that says whether there is a form A restriction ( a form A restriction is usually filed when/if the property is split into TIC shares). You can give a copy to the solicitor which will save the time costs they would charge to get it.

[JustAThought]

"To the beneficiaries via the estate"... meaning via the Reps of the (H's) estate? Yikes...defo a bigger issue if the "controllers" (and not the nephew) are the Reps.


The title and proprietor issue will go to a solicitor who will do their own searches for sale. Thanks