Are there consequences to lying in an application of Probate?

[ContraryAnn]

I am co-executor along with my sister concerning our late parent's estate.

My sister has lied to obtain sole Grant of Probate. She has lied about her address, even what country she lives in, and also stating that I gave her permission to act alone. I absolutely did not. She is a fraudster and I would never trust her with anything.

I have been in touch with the solicitor's firm that held my parents' will since two days after my parent died, asking them to represent me. (I'm in another country with very bad health). Its now been three months and the solicitor who was supposed to be handling this for me has been evasive, dragging his feet and now I'm informed he is no longer with them. Another solicitor has taken over my case but I'm afraid it might be too late now.

I have sent the firm all the ID documents they requested and also paid the fee.

Are there any consequences to lying in an application of Probate?

She will have made a declaration of truth when she applied for probate. If she lied, that is contempt of court, therefore she could go to prison. Share your concerns about the poor service you have received with a senior member of staff at the solicitors. They should ensure that you are placed with a lawyer who can deal with your case professionally and in a reasonable timeframe. If this does not happen, report them to the SRA and instruct a different firm.

Thank you for your reply. It has been very helpful. I have gone through an awful three months of not only losing my parent but feeling totally in the dark. Another solicitor from the firm has just contacted me and he seems to be more helpful and knowledgable. We'll see.

Just to add that I'm sure that if you and your sister were named as co-executors in your parent's will, you would have had to submit a form of renunciation to allow her to proceed as sole executor. Might be worth mentioning to your new solicitor that you've never agreed to this.

The new solicitor asked me if I gave permission for her to act alone and I told him absolutely not. I'm grateful to hear that there is a form I should have filled out and what it is called. Thank so much.

Things might be moving in the right direction at last.

Glad to me of assistance, Ann - I have a little experience of applying for probate and a lot of dealing with a duplicitous sister .

It does sound like you’ve had a terrible time. I hope that things will start to improve now that you have a new solicitor acting for you. It sounds like he’s asking the right questions already so fingers crossed.

Thank you so much Optimist1 and BubbaB123
xx

Hi #ContraryAnn,

I have had a similar experience with my family. Did you have any luck getting yours sorted?