Time limit for probate?

[HeidiHoNeighbour]

Five years ago I was named in a will.
Apparently, the house is mine but the spouse has lifetime use of it.

I’ve never seen the will, I have just been told by the executor.
Due to a break down in relationship between the executor and the remaining spouse, the executor has stepped away from executor duties.

Probate has not been applied for.

Here are my questions:
If probate isn’t applied for, do the intestate rules then apply?
The house is not lived in or used my the spouse but her friend is staying there and the roof needs replacing and I’m being asked to contribute, do I have to?

I tried getting legal advice and was told to get a copy of the will, which I can’t do!
Please help!!

Ask the executor to copy the will for you?

You can order a copy online if you know name and year of death and it is England or Wales and it has been registered.

www.gov.uk/search-will-probate

Thank you for your replies.

The executor doesn’t have a copy of the will, she said she handed everything to the spouse.

The will was not registered nor was probate applied for.

That’s why I’m wondering if it’s even my issue!
Is the house roof my problem?

Could the will be null and void?

If the asset is yours (was Land Registry amended?) then I would think it is your responsibility. Maybe you need to ask a solicitor to review the case and act as executor if the nominate done has not and has no intention of doing so.

If probate isn’t applied for, do the intestate rules then apply

No. The estate must still be administered according to the will. Note that probate isn't always necessary. It depends on what is in the estate.

The house is not lived in or used my the spouse but her friend is staying there and the roof needs replacing and I’m being asked to contribute, do I have to?

It depends on what the will says. However, the usual scenario would be that the spouse is responsible for repairs and you don't have to contribute.

Could the will be null and void?

No.

You need to consult a solicitor that specialises in this area of law. Someone needs to make sure the estate is administered correctly. It doesn't sound like that is happening at the moment.

@LIZS
Nothing has happened with the title if the house, as far as I am aware it’s still in the deceased’s name.

@prh47bridge
The house is worth around £300k and was his only asset.
I only have been told I’m in the will, I’ve asked to see it several times but nothing.

The friend who is living in the house text me to ask about roof repairs, apparently spouses family told her it’s up to me!
Spouse is in a residential hospital and likely to be there for a while.

I did get legal advice but they said they need to see the will before they could help me!
I’ve said to friend that I have to see the will before I will pay for anything but I’m being made to feel unreasonable.

As a note, I actually have no interest in the house. It’s miles away, in disrepair and too small for my family.

Can I refuse the inheritance?

I would try another solicitor. It is possible to force whoever has the will to hand it over. However, this could be a bit of a mess as it is quite possible the original executor is still actually the executor as far as the law is concerned.

I'd refuse the inheritance personally as it sounds like an aggravation you dont want or need!

I suspect the will be lost, or burnt in a fire.