Executors did not carry out the wishes of my mothers will.

[Nation3]

Thank you in advance for any help or advice that you may be able to give me.
23 years ago my mother passed away, she was divorced from my father. Part of the divorce agreement was the family home, it was agreed my mother would be the legal owner of two thirds of the property and my father one third. I have the court paperwork to prove this.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * My mothers wishes were that the house was to be sold and equally divided between all siblings. My father would then receive his third.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * However the executors never carried out her wishes and it never went to probate. They allowed my father to move back into my mothers property where he lived until he passed away last year.* * * * * * * * * * * * * I have since done some research and obtained my fathers will online along with the probate information. My father made a will instructing that upon the sale of the property, all the proceeds to be equally distributed between all siblings excluding myself and another sister.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * My fathers value of entitlement was one third of the house after my mother passed away. I am not concerned that I have been excluded from my fathers will, I am however concerned about my mothers wishes not being carried out now my father has passed. She also expressed whilst writing the will that under no circumstances was my father to be allowed to live in the house.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2 of my siblings were the executors of my mothers will and we were all present when the will writer came to receive my mothers wishes and proceed with them.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I would now like the executors to carry out my mothers wishes.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I also must add the property has not been sold.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I believe my fathers will to be invalid as he did not own the property outright.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I would really appreciate any advise or help.

[des8]

A mess to be sorted!

The executors of your mothers will need to obtain a grant of probate.
I suspect you will not be happy with the named executors carrying out their duties as they have been remiss already.
If that is correct you will need to have them removed.

Have you checked that the house is still registered in your parents joint names?
As Land Registry site is partially down you will not be able to do that on line.

Your father's will can only be applied to the property he owned so it won't be completely invalid.

I think you will need professional advice to sort this out so to this end write down all that has happened and the questions you want answered.
Then seek out a solicitor specialising in contentious probate, and try and arrange a fixed price consultation to see what options you have.

Good luck*

[Nation3]

Many thanks DES8 the executors of my mothers are the same for my fathers.* I did check with the Land Registry a while ago, however my parents purchased the property 45years ago so it does not show. As you say 'Your father's will can only be applied to the property he owned so it won't be completely invalid.'* My fathers equity in the property was 1/3rd. I am under the impression my mothers will overrides my fathers as she owned 2/3rds and was distributing that equally amongst siblings.* However my fathers will leads me to believe he had taken control over the estate as though he owned it all. Also distributing it as he pleased.

[des8]

How did your parents own the house? Was it jointly or as tenants in common?
Your mother could only leave her portion of the house to others than your father if it was owned as tenants in common.
If owned jointly it would have passed to him by right of survivorship

He may have acted as if he owned the lot, and the executors may just have let matters ride.
However the executors have a duty to the beneficiaries and if they fail in that duty they could be personally liable for any loss to said beneficiaries.
Your father may have been in possession of the property but that* does not change the ownership of the property.

Do you have a copy of your mother's will? If not you might have problems showing she did not die intestate.
If she died intestate and owned the house as tenant in common it would still pass to your father under the rules of intestacy

However, it is easy to be dogmatic on a forum like this, which is why I suggest obtaining good professional advice as sorting it will not be easy.

[Nation3]

Thanks for your quick reply. Yes on the divorce paperwork it shows 'tenants in common' and it is to be sold should my mother pass away.* As my parents were divorced it would not go to my father if she died intestate?* A will was made however I did not ask for a copy as I was to upset at the time as my mother and I were very close. Once my father was living back in my mothers house he proceeded to 'play siblings off against each other' for his own needs.* I was just trying to establish if it was worth pursuing as it hurts to know my mothers wishes where not carried through and her divorce was because of domestic abuse.

[des8]

Sorry, I overlooked the fact of the divorce and you are correct that your father would not inherit in the event of intestacy.
In the absence of a remarriage by your mother, her share of the property would pass in equal shares to her children*

I cannot say if it would be worthwhile pursuing a claim, either financially or emotionally, for that you need professional advice