applying for probate as Power reserved and incorrect probate grant

[ProBono]

Hello - I have power reserved to me as joint executor; I now wish to take up power as I have little confidence in the other executor, they are delaying distribution although probate was granted over 3 years ago. A complication is that the executor failed to disclose non UK assets, once these are included I believe the estate (UK plus foreign) will be above single person threshold (£500k) but below the married couple allowance of £1mn. I therefore also need to update IHT forms for foreign assets - do I need too also reapply for Probate even tho the will only applies to England and wales ie has no legal basis abroad?

Has anybody dealt with similar process and if so can advise on how to proceed; the relations between me and the other executor are very difficult, currently communicating via solicitors so would also appreciate any advice on how I cld get the relevant docs from OP without going via solicitors - maybe a direct letter to OP requesting the docs or shld i stick to legal (costly) route? Shouuld also say I am beneficiary in the estate - as is the other executor and I have concerns they are not acting in best interest (eg looking too transfer properties to themselves - I have objected to this but still a risk they will go ahead and i will need to take further legal action, which i cannot afford). Thank you

[echat11]

Hi PROBONO

Welcome to LB

I think you should write to the 'other party', a letter stating that if they fail to cooperate in a 'reciprocal' fashion, the result will be additional costs for all beneficiaries which would ultimately reduce the distribution of the estate as you would have no choice but to involve third parties. Give them a 'deadline' to respond.

If you have technical questions - https://www.gov.uk/find-hmrc-contacts/probate-enquiries