Is the executor of my mother's will performing his duties properly?

[Stressed206]

I have name changed for this, I am a long-time poster.

My mother left a very simple will which was last updated back in the 90s. She named an old colleague as executor. We were supposed to be changing it so that I was executor and had power of attorney, but sadly her condition worsened suddenly and it was too late.

I have several reasons for feeling he isn't acting appropriately, which I will list for clarity:

• didn't apply for probate until 3 months after the death because he didn't realise he had to. Thus delaying things considerably.
• hasn't contacted the bank or any companies to cancel off bills and now I know this because I have just found out that mum's bank account is overdrawn with a hefty daily interest being applied to it. (I used the Tell Us Once service when I registered the death).
• when I contact him for updates he states that he has been very busy or unwell with various conditions and is unable to make the relevant calls etc. This concerned me from the start and I offered the suggestion that he sign-out of being executor legally, but he felt it was his duty, having been a close colleague and friend to my mother all those years ago.

Leaving all the emotions out of this (and there are many), is there anything I can do here? Probate was applied for in June and we are being told there will be at least a 6-month process due to COVID delays. Or do I just need to sit back and let the process continue now?

I am not the sole beneficiary of the will, and it is not a big one (if any of that matters). It is a modest amount and it isn't about the money at all, I just feel so stressed and helpless and my mum was such an organised person I know she would be upset by it all. Any advice or thoughts on this would be so welcomed, thank you - even if it is that I am being unfair.

for you. I know you want all this resolved, and this executor isn’t ideal, but all will come right in the end. You may be able to offer to take on some tasks, like drafting correspondence to the bank to reverse the interest.

@OneEpisode

for you. I know you want all this resolved, and this executor isn’t ideal, but all will come right in the end. You may be able to offer to take on some tasks, like drafting correspondence to the bank to reverse the interest.

Thank you. I will continue to offer to help and keep the faith.

I think i would start contacting everyone and provide his details as executor.

If your mother's estate is very simple, it should only take about 8-9 weeks for probate to be granted. We applied at the beginning of August, and it was granted on 5th October.

My sister didn't have to prove she was executor to sort out our mother's bank accounts, and savings, she just gave them a copy of the death certificate and her own identification, they transferred everything into a bank account she had opened in her own name, so ensure my mother's affairs were kept separate from her own.

I don't think all is lost, you can do a lot of the work yourself, it's just the last legal things which need the executor.

@AlwaysCheddar

I think i would start contacting everyone and provide his details as executor.

He has all the paperwork and isn't handing any of it over.

@Hadalifeonce I'm really surprised your probate came through so quickly!! It's been 5 months since we applied and the timescales we have been given are 6 months minimum. Also the bank won't deal with me - I've been in with all the paperwork but then say they can only talk to the executor.

And just to add the bank say they can't do anything with any balances until probate is granted.

Anyway, I think on reflection I need to keep doing what I have been doing and offer help and wait for probate.

Thanks all.

I applied for probate for my mum in June, and got the grant in July after 2 weeks (and I did my dads in April, and it came back 8 weeks later)

I am really sorry you are having to deal with all of this on top of grieving. Do know if he is working with a solicitor? If so you might be able to approach them.

When you say the timescales you have been given, who has given you these timescales? Have you checked the probate web site?

You can also see if probate has already been granted. you just put in the surname and year of death, it will list everyone who has had a probate granted.

I hope this gets resolved quickly for you.

Wow I’m really shocked at how quickly probate has been granted for several of you! I’m getting the info from the executor who has paid a fee today to do a search on the probate to see where it is at... he is definitely not working with a solicitor.

He queried probate after 12 weeks, said he’d rung their helpline and they said don’t chase it until 6 months have passed because there have been delays on probate processing due to covid. Then after me chasing last week he has paid a fee to have a search done.

he has paid a fee to have a search done.

I'm afraid that I have never heard of this.

The probate offices are really helpful in reply to phone messages. They can't tell how long a specific case will take but they can see how long it's typically taking from submission. Things are taking a bit longer at the moment. Latest one here was just over three months from submission with no complexities.

We have another one taking much longer but that is one with lots of queries.

Sorry you are facing this complexity at a time when you don't need extra stress.

I was told they won't answer any queries regarding probate, but they were typically taking 8 - 9 weeks. This may differ depending on the probate office. Not once was I told I could pay a fee to find out what was happening. I was trying to find out, as the purchaser of our mother's house was getting twitchy.

I was also told we couldn’t market the house until grant of probate was received. I’ve now found out that’s not true. I know I come across naive and irresponsible but I’ve lost both parents in the space of a year and have been trusting this man and what he tells me.

This is what he has paid for. He said this will give us the info we need. I've a sinking feeling you'll tell me he's wrong about that.

'Probate may not have been granted yet. You can use form PA1S to ask to be sent a copy of a probatee_ if it’s granted in the next 6 months. This is called a ‘standing search’. It costs £3.'

Why didn't you just search yourself? The search is free. And it's £1.50 if you want an actual copy, but you can check whether it's been granted first for nothing and it tells you right away - all you need is the deceased name and month of death.

My dads took 6 weeks during lockdown. The executor tried to spin me the same story as yours until I told her I knew it had been granted weeks earlier.....

Use this link @Stressed206

www.gov.uk/search-will-probate

If probate has been granted it will be listed in the search results, you can then request a copy although these take 2 weeks to come

@FrangipaniWHOOOOO I have checked that, several times. But thanks. Probate has not been granted.

Something has gone awry, from here and all my research it definitely should not be taking 5 months plus to process.

He has also not insured the house despite me telling him he needs to and will be liable for any damages should something happen. I tried myself to sort it out but they will only deal with the executor. Honestly, it's so stressful and I feel so out of control.

Wow this sounds really stressful.

Can you get him to agree to using a solicitor?

Would you consider talking to a solicitor yourself? It seems he is not capable of performing his duties, insuring the property is fairly basic stuff, not always easy if it's empty, but imperative. The house can certainly be marketed, the only thing we couldn't do was actually sign contracts.
It must be so difficult and frustrating for you, it's tough enough when you are able to do stuff, but to know what needs to happen but not to be able to do it, must be a nightmare.

@Searchesforhipbones

Wow this sounds really stressful.

Can you get him to agree to using a solicitor?

I have asked him to do this but he says he doesn't need to, he knows exactly what needs to be done. But he really doesn't :(

@Hadalifeonce (I really relate to your username lol) it is getting to the point where I feel I may need some legal advice, yes.

I really feel for you. I had a similar issue and made an appointment with the coroner's court to have the executor removed from the will. He hadn't done anything, and had refused to hand over the paperwork. He was my brother.

I had him removed as executor and once he handed everything over, I did it myself and probate was granted very quickly. (A couple of weeks I seem to remember.)