The will, executors and probate

[Walks]

I'm new and at a loss what I need to do if anything so would appreciate any advice. Father passed away 14 months ago, he made a will that is messy leaving pieces of land to siblings with no sizes but sufficient to build a house, the will also states that the bequests or the value can not be claimed until 6 years afters mother passes. She is early 70 and good health. He stated in the event of any of the beneficiary dying before we receive our bequest it will pass to our children. In the middle of all this a sibling who has a site of land which she has built a house prior to his death and she is the main beneficiary after my mother life interest. However it has now come to light that the executor (the main beneficiary) has transferred the land her house is built on since his death into her and her husbands name and included in the transfer land that my father did not own. (Unregistered land which borders the farm) The will has not been entered into probate no reason have been given as to why there is a delay but it is suspected this was to accomadate the transfer of land. The solicitor dealing with the will is her solicitor for her personal property matters. Long winded but
1. Can a bequest be subjected to a time limit that is not a realisable one?
2. Can the will state a piece of land big enough to build a house? Should it not be more specific?
3. Can my father then say who inherites my inheritance in the event of my death?
4. Is there a conflict of interest with the solicitor?
5.can the executor transfer part of the land into her and husbands name prior to probate?

[Amethyst]

Re: The will, executors and probate

Not sure about the land bits other than the will stating 'big enough to build a house'' without any dimensions etc sounds like recipe for utter disaster ! Do you have a copy of the will ?

He stated in the event of any of the beneficiary dying before they receive their bequest it will pass to their children.

3. Can my father then say who inherites my inheritance in the event of my death?

Yes, as it isn't passed to you until 6 years after your Mother's death, if you should die before then, it is not yours to bequest, as has not yet passed to you, therefore it becomes your fathers bequest that it goes to your children. If you survive your Mother by 6 years and the land becomes yours, you can give it to who you like in your own Will. Does it say you don't own the land until that point, or you can't realise it (ie build on or sell the land) until that point ?

1. Can a bequest be subjected to a time limit that is not a realisable one?

Is there anything in the Will about what happens to the land in the intervening period, ie. between your mother's death and the 6 years ?

[Walks]

Re: The will, executors and probate

Not sure about the land bits other than the will stating 'big enough to build a house'' without any dimensions etc sounds like recipe for utter disaster ! Do you have a copy of the will ?

yes i could upload tomorrow once I have redacted names etc


Yes, as it isn't passed to you until 6 years after your Mother's death, if you should die before then, it is not yours to bequest, as has not yet passed to you, therefore it becomes your fathers bequest that it goes to your children. If you survive your Mother by 6 years and the land becomes yours, you can give it to who you like in your own Will. Does it say you don't own the land until that point, or you can't realise it (ie build on or sell the land) until that point ?


Yes, we do not own it we have 12 months from mothers death to elect to build on it or we get the value of it.


Is there anything in the Will about what happens to the land in the intervening period, ie. between your mother's death and the 6 years ?

the 6 years is the time he states from my mothers death that the main beneficiary (my sister) has to pay us if we elect to take the value of the land

[des8]

Re: The will, executors and probate

. In the middle of all this a sibling who has a site of land which she has built a house prior to his death and she is the main beneficiary after my mother life interest. However it has now come to light that the executor (the main beneficiary) has transferred the land her house is built on since his death into her and her husbands name and included in the transfer land that my father did not own. (Unregistered land which borders the farm) The will has not been entered into probate

Hi and welcome.
One would expect probate to be sought as soon as possible after your father's passing. as without it the executor has no legal authority to settle the estate.
In particular Land Registry will want to see the Grant of probate before registering a transfer of land so I don't understand how the transfer mentioned in your post was effected.

[Walks]

Re: The will, executors and probate

A thought! He has not actually left us anything then as 2 of us are in our 50s

[Walks]

Re: The will, executors and probate

Hi and welcome.
One would expect probate to be sought as soon as possible after your father's passing. as without it the executor has no legal authority to settle the estate.
In particular Land Registry will want to see the Grant of probate before registering a transfer of land so I don't understand how the transfer mentioned in your post was effected.

She has managed to do it with the help of the solicitor which is why I'm on the forum as I feel that something dodgy has gone on. My father was terminally ill and had always said he'd leave the farm to my brother, his only son but shortly after he became ill he made a new will. My sister who became his carer as the main beneficiary. We as a family has just gone along with it but it was the news of the transfer of land that started bells ringing as if she had waited until probate went through she would have been able to do it anyway. His bequest was that my mother had a life interest and he wish that she accepted this rather than her legal right share after her death the estate absolute goes to my sister with the remainder of us getting these pieces of land after mother dies and my sister has 6 years to pay us if we don't elect to build on it. I was hoping someone one here could help me make sense of it because if Im right I think some fraud maybe going on.

[des8]

Re: The will, executors and probate

Are you certain probate hasn't been granted? you can check here on line: https://www.gov.uk/search-will-probate
Are you certain the land has been transferred? you can check here on line: https://www.gov.uk/search-property-i...-land-registry

Do you have a copy of the will?
The executor is your sister, who has appointed her solicitor to assist her?
Are there any other executors?
Did she build her house before your father died?
If so, and it was on his land, could he have gifted the land to her prior to his death? or did she rent it, or build her house on it under licence?
What do your mother and other siblings think about the situation?

Finally do be aware that if you decide to challenge the situation it may not only change your family relationships.but eat into the estate.
Contentious probate is horrendously expensive:tinysmile_cry_t:
You are well advised to try and sort out your concerns as amicably as possible within your family

[Walks]

Re: The will, executors and probate

Are you certain probate hasn't been granted? you can check here on line: https://www.gov.uk/search-will-probate
Are you certain the land has been transferred? you can check here on line: https://www.gov.uk/search-property-i...-land-registry

Do you have a copy of the will?
The executor is your sister, who has appointed her solicitor to assist her?
Are there any other executors?
Did she build her house before your father died?
If so, and it was on his land, could he have gifted the land to her prior to his death? or did she rent it, or build her house on it under licence?
What do your mother and other siblings think about the situation?

Finally do be aware that if you decide to challenge the situation it may not only change your family relationships.but eat into the estate.
Contentious probate is horrendously expensive:tinysmile_cry_t:
You are well advised to try and sort out your concerns as amicably as possible within your family

yes I will redact and upload tomorrow

Probate confirmed the will has not been entered, I did check even though my sister had confirmed it was not.

Land registery shows the transfer 1st into her name then a further transfer into her and her husbands name.

Solicitor is the family solicitor who dealt with my fathers will, drafted and witnessed and is now acting for her for executing the will and dealing with her property affairs.
Appointed by her.

one other sister is executor, but she has told us that the solicitor deals with the other sister which she queried and was told it was ok as it was non contentious matters so she never see it as a problem, we did not see issue either because we have never had to deal with this before and we trusted her and solicitor

the house was built before he died, he told her she could build on the land as it was his land but no transfer of land was done.

No gift, but always understood by the family that that would be her share of inheritance when he died. Nothing was ever formal.

Mother wanted to claim her legal right share but my sister said the land would have to be sold to accommadate this, the land has been in the family for over 500 years so mother did not want this done and elected to have the life interest. Now 14 months later still no probate and when she's questioned about why it has not gone in she is not giving any valid reasons for the delay so we contacted probate/land registry and discovered what I've said and that sister 2 was not part of all consultation as joint executor that have taken place she spoke to solicitor who told her that the delay was waiting for mother to decide on claiming legal right share! We all are in agreement that something is not right, but bottom line is we don't want to lose the land in expensive legal fees. It's so sad, our ancestors worked hard to keep this land.


Im getting the feeling that this is going to be expensive to fix, if it ever can be but our family can't be fixed now the harm has been done. ��

[des8]

Re: The will, executors and probate

Sorry to read your last post.
I'm off now, but will look in tomorrow.
Hopefully others will come up with a way forward, but it isn't looking good.
The other executor should be kept in the loop, and her agreement is needed about any decisions.
As a beneficiary you could request an accounting and progress report about probate, but the executors don't have to give it you.
This site might help: http://www.lawpack.co.uk/probate/art...rticle7435.asp

[Walks]

Re: The will, executors and probate

I'm grateful for your help, good night and thank you

[des8]

Re: The will, executors and probate

Morning
I think perhaps you should be consulting a solicitor who specialises in contentious probate, at least an initial consultation to see how best you can proceed.
You have one executor sister who, with the collusion of a solicitor appointed by her, is excluding the other executor solicitor.
There is no reason why your excluded sibling shouldn't appoint her own solicitor. She is as liable for the correct administration of the estate as her sister, and she has personal and unlimited liability: if it goes wrong she could be footing the bill.
Besides your concerns, your sister needs to protect her position.

It might concentrate their focus if they realise you are not prepared to countenance more delays and prevarication