I suspect my dad’s estate isn’t being disturbed properly what can I do.

[RainbowSlidders]

My dad died in May he had a will and his partner was an executor and was not a beneficiary in the will but seems it mysteriously disappeared. I had heard anything in 7 months so checked the probate register. One of my siblings has since without discussion with the remain siblings made a probate application and been granted “letters of administration” and the probate service have said his estate has to disturbed inline with the intestate, our mum is deceased so split evenly between all biological children. That is what the will stated anyway.

My sibling was granted this in on 2nd September and has still not mentioned they went ahead and applied, that probate was granted etc. it’s been more than 4 months so I think something is off as there is no reason to be so deceptive. No property to sell and each of us should inherit £92,350 each. I have bought the documents online from the probate service so the net estate divided by number of children comes to that amount. None of us are close to this particular sibling, I have directly asked them and they have denied applying for probate.

Dear sibling, I have proof (copy attached) you applied for and were granted letter of administration.
If I have to engage the services of a solicitor, and our siblings do the same, there will be nothing left to share. I suggest you update us all by return or face losing the estate to legal fees

Love

Your sibling

Well someone applied in your siblings name. Your sibling has confirmed it wasn't them.

Reply
'it must be fraud then. I've let the probate service know so they can contact the police and withdraw the permission '.

Then apply yourself.

Administration is different from probate. Why have they applied for administration when there is a will? What has happened to the will? Where has the executor, your dad’s partner, gone?

This sounds very wrong. If there is a will then there is no need for administration/intestacy to apply. It sounds like the sibling (i assume they are lying) applied for administration and declared there was no will, in order to bypass the executor.

The fact that sibling is denying applying is very concerning. I suggest you send them a print out of the application and a covering letter saying unless they confirm otherwise you will report to police as fraud/impersonation by a third party seems to be afoot. You should also mention that the probate office is labouring under the misspprehension that there is no will, and you also propose to send them a copy.

I would be very surprised if they don't respond to that.

So you asked the partner (executor) for the will and they said 'it's mysteriously disappeared'? Then you waited seven months and checked to see what had happened? What were you doing in the meantime? Did you try any local solicitors in your dad's area?

@Phase2 no I haven’t ignored it for 7 months but I have been ignored by the wrong doing party, his partner will not communicate with myself or my other sibling. She didn’t inform us that my dad was in hospital very ill a few months before he died we found out from him when he was home! The sibling that has filed for and been granted “letters of administration” is the only sibling she has anything to do with and that sibling no longer speaks to myself/other sibling since our mum died 15 years ago and dad moved on.

There were things that were off when he was taken ill this time as well, like his partners daughter saying “oh just switch the machines off so we can all go home.” At the funeral my name/siblings name and our child were removed from the family list in the order of service, the person giving the service said 1 daughter and 2 step daughters. He had 3 daughters, no step children as they weren’t married and 4 granddaughters and two grandsons yet none of them were mentioned only the partners three grandchildren by name. It’s all very upsetting at an already very difficult time.

It’s not about the money, it’s the principle for me, that money belonged to both my parents and now legally because they said there was no will it should pass equally to their three children. Myself and my to sisters they have no right to withhold it and they have no right to keep it for themselves, surely at a minimum it would be theft? Possibly fraud or fraud by misrepresentation? I don’t know but I know it’s not right.

you need to contact a private client solicitor basically immediately. If there's a will I can't see why letters of administration have been granted? something is really off.

Well given the history it's clear that you should have been instructing a solicitor from the outset and certainly should now. The solicitor will be able to contact the probate teams to ensure that there is no chance you can be bypassed.

You'll need a solicitor to investigate the misappropation of assets. Don't describe it as inheritance fraud as thats different.

I'm sorry that it's so difficult but I think my first comment stands then.

I would be taking legal advice on this