Probate problems

[bluemick1]

Does anyone have any advice on a Probate problem we are having.
My wife and her brother are executors but her brother is refusing to go through the probate processes. He is currently living in the house involved and is refusing to act on the wishes of the Will.

The solicitor who has the will appears to have given up, as he has asked her brother numerous times to allow the probate to go ahead. He is now not answering my wife’s phone calls

 

[Tuearts right boot]

I'm sure one of our legal team will be along shortly.

 

[Uncle Wally One Ball]

Does anyone have any advice on a Probate problem we are having.
My wife and her brother are executors but her brother is refusing to go through the probate processes. He is currently living in the house involved and is refusing to act on the wishes of the Will.

The solicitor who has the will appears to have given up, as he has asked her brother numerous times to allow the probate to go ahead. He is now not answering my wife’s phone calls

How and in what way has the solicitor given up?

 

[bluemick1]

He is not now answering my wife’s phone calls and when she leaves a message he does not get back to her.
Is it an option to ask a different solicitor to do the probate, or does it need to be the solicitor who has the will?

 

[Mr Fraser]

He is not now answering my wife’s phone calls and when she leaves a message he does not get back to her.
Is it an option to ask a different solicitor to do the probate, or does it need to be the solicitor who has the will?

You don't need a solicitor to do probate. I did it myself recently. You would have to executor to do it or to engage a solicitor to do it. Sols usually have para legals doing all work.

If executor is not doing their job their something called citation. I am just a lay person so can't really offer much more. See what you can find on Google if can get past all the ads for sols. Good luck

 

[1961_vintage]

Simple enough search....

The potential executor can decide to obtain the Grant of Probate or they can decline, in which case the person with next priority can make the application. If the executor does not respond to the citation then they lose their entitlement to act as executor and the person who is next in order of priority can apply.

 

[hammocity]

I’m no expert but found this for you:

What to do if an executor is not administering the estate properly | Judge & Priestley Solicitors

While the personal representatives (executors) for an estate are normally allowed 12 months to attend to proper administration without interference from beneficiaries or creditors, there are options available to encourage action be taken.

www.judge-priestley.co.uk

 

[denislawsbackheel]

As Mr Fraser says you do not need a solicitor to apply for probate.
I’ve done it myself.

 

[bluemick1]

Thanks for all the advice

 

[denislawsbackheel]

Your sister may have to use a solicitor to take legal action against her brother if he is refusing to act as executor and comply with the terms of the will.