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Legal matters

Will related and complicated

3 replies

boris18 · 11/03/2016 16:30

My mother died nine months ago. I am a beneficiary (small) of the relatively large estate. The executor (another beneficiary) has not applied for the grant of probate nor have they paid the inheritance tax which may be due. The executor has apparently got the information required to fill in the probate form but seems reluctant to do it. Is there anything I can do (tried offers of help, persuasion etc) other than apply for them to be removed. My understanding is that I cannot apply for a "citation" forcing them to accept the grant of probate as they have already "intermeddled" in the will.

I would be extremely grateful for any advice. Thanks

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boris18 · 11/03/2016 23:00

Anyone?

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gingeroots · 12/03/2016 18:48

Is this any help ?

Delaying executors

If you are a beneficiary and are concerned that an executor is stalling and valuable time is being lost, what can you do? There is a way of forcing the executor’s hand – you may be able to issue a citation. There are two types in this instance. First a citation to accept or refuse a grant of probate may be applied for where the executor has not intermeddled which seeks to force the executor to make up his mind.Secondly a citation to take a grant can be applied for where an executor has intermeddled but six months has passed by without a grant being obtained

from here www.mowbraywoodwards.co.uk/news/nid/tackling-troublesome-executors

and again here www.thegazette.co.uk/wills-and-probate/content/100321

or is the thought of further delay no help ? .

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boris18 · 12/03/2016 20:07

Thank you; that's really helpful

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