Probate - emails being sent to non beneficiary

[namechangeforlegalhelp]

Is there a way to stop emails being sent on to a non beneficiary of a will? Is there something that can be put in the email, be the title or the body of it, that if the recipient sends it onwards to this person we can do something about it?

Even if there was there's nothing to stop anyone copy and pasting the content into a new email or screenshotting the message and sending on that way.

There's no way to stop any information being shared with anyone else

@BelleBlueBell guessed as much but thought I'd ask. So frustrating to know any information we send is going to them, but nothing coming back to us.
Do you know anything about probate and deeds of variation?

There are certainly people here who know about probate and deeds of variation. What is your question?

My husband is joint executor of his late fathers will. His sibling is lead executor. He is having issues getting information from said sibling about how the probate application is going, it's been over 3 months since he passed and the forms have still not been submitted as far as he knows.
One worry dh has is when probate has been granted, his sibling along with their other sibling wants to do a deed of variants as their other sibling was removed from the will. My dh doesn't want to do this due to very valid reasons, but is worried that the sibling will either just take all the money and disappear or withhold paying out the inheritance until my dh agrees to sign the forms to allow it. I believe you can only do a deed of variants within two years of the person passing.
He is contacting the bank tomorrow about whether he should have been a joint signatory on the executors account, and if so, how to go about that.
The whole situation is very tense, with lots of distrust.

It is within two years but they don't need your DH permission, they can do a deed of variation affecting only their share without his input.

But they cannot withhold the will info nor, obviously, his inheritance.

Not many banks have executor accounts these days, are you sure they have one?

I'm pretty sure the bank in question said they do, but I could be wrong.
I understand he doesn't have to agree to the deed of variants, but he feels there will be some pressure to do so.
How do you guarantee the money is paid to each beneficiary? Does the bank split it by x amount of beneficiaries?
We have a copy of fils will, but it's the various details of probate which are really difficult to get any information about from the lead executor. Dh asks questions and gets no answers. We wanted to do it all through solicitors as we guessed it might be difficult, but I think we'll see what happens with regards to these forms being submitted and if they are rejected.

Just checked and they do have a section to do with sorting out estates which mentions setting up an executors account.

The bank doesn't split the money at all. The executor does. The bank just pays what the executor tells them to whoever they tell them.
An executor account is just a way to keep the estate money separate to your own for audit purposes, it has no control over the money, it doesn't follow the will or anything.

What do you mean when you say they are joint executors but one is "lead"? If they are joint then they are joint.

If one is lead, they are not joint. How does the will actually word who is executor?

What "details of probate" do you feel you need and not have?

The bank doesn't get involved in distributing the estate. That is entirely down to the executors. As your DH is an executor, he ought to have full access to everything that is going on. If his sibling refuses to communicate, he should consider applying to the courts to have his sibling removed as an executor.

As in the sibling is named first on the will and my dh is second. I thought that meant his sibling was the main executor and dh was second.
That is my worry with regards to dealing out the money. How do you make sure the executor pays out the correct amount to each beneficiary? Like I say, things are quite tense and we really wouldn't put it past the sibling when faced with a very large amount of money to not take it all, or at least decide to give themselves and their other sibling a larger amount.

@prh47bridge

The bank doesn't get involved in distributing the estate. That is entirely down to the executors. As your DH is an executor, he ought to have full access to everything that is going on. If his sibling refuses to communicate, he should consider applying to the courts to have his sibling removed as an executor.

That is one thing he is considering.

@VanGoghsDog

What "details of probate" do you feel you need and not have?

Honestly, any information would be great. Dh feels he asks all these questions about various things ie selling fils house, and gets nothing back. They've had various estate agents to view it and the sibling hasn't got back to any of them as far as we know. Decides things needed doing to the house and we weren't told any plans until the sibling had decided what was to be done. They are very much of the frame of mind that my dh can't tell them what to do, even though he isn't, he's just making suggestions, but the sibling can organise whatever they want to do and not speak to my dh about it. It's all very toxic.

@namechangeforlegalhelp

As in the sibling is named first on the will and my dh is second. I thought that meant his sibling was the main executor and dh was second. That is my worry with regards to dealing out the money. How do you make sure the executor pays out the correct amount to each beneficiary? Like I say, things are quite tense and we really wouldn't put it past the sibling when faced with a very large amount of money to not take it all, or at least decide to give themselves and their other sibling a larger amount.

No, they'd usually just be joint.

Your DH is going to have to get a court order.

The sibling can't "do things to the house", it doesn't belong to them, it belongs to the estate.

Your DH needs to speak to his own solicitor for advice on how to proceed. As a joint executor he is jointly liable for what the sibling does, even if he's not been involved, and could be sued by other beneficiaries.

As in the sibling is named first on the will and my dh is second. I thought that meant his sibling was the main executor and dh was second

No. As VanGoghsDog says, it means they are joint executors. How they handle this is up to them. If they agree that one should do all the legwork, that's fine. But your husband's sibling has no additional rights as executor just because he/she is named first. He/she is not "lead executor".

@VanGoghsDog

The sibling can't "do things to the house", it doesn't belong to them, it belongs to the estate.

Your DH needs to speak to his own solicitor for advice on how to proceed. As a joint executor he is jointly liable for what the sibling does, even if he's not been involved, and could be sued by other beneficiaries.

I mean things like a deep clean. He organised it but dh wasn't told anything until the day before the cleaners turned up. The sibling has had several estate agents come to do valuations of the house, but again dh isn't told until just before. Once the valuations have been done, and one also organised a valuation of the chattels, the sibling didn't get back to any of the people from what he has been told. Or not. One thing that could be outing was to do with organising fils cremation and collection of his ashes. Dh was due to go and sign the paperwork but the sibling decided to drive down over an hours journey during lockdown so they could sign the paperwork.

@VanGoghsDog what court order do you think he should get?

Executors generally cannot distribute the estate or sell anything or set up executor account until grant of probate is awarded. An application needs to be made for this outlining all assets and inheritance tax must be paid first, before probate will be awarded. This takes months to years. Based on what you have said, I think the executors are still at the listing / gathering information about assets of the estate phase. The estate agents would be helping with valuation of the house but you will not be able to get it onto the market to sell until you are in a position to proceed, ie after probate is granted.

Since there are more than one executor, they must seek agreement or have express permission to act alone. In other words the brother can do anything without your DH also agree or giving permission to act independently.

I think you guys might need advice on probate. Maybe research the process online if you don't want to contact a solicitor.

I only want to add that, at least where I live, it can be a ton of work and take quite a long time to file an application for probate. Valuing things like property etc. can be very difficult. I was executor of my parents' estate and it was an horrendous amount of work.

As I recall it took over a year to get the grant of probate, and then another big wack of time to sell assets etc. fortunately my siblings were patient and trusted me. I had to pay taxes, probate fees etc.

Three months is nothing unless the estate is very simple.

My dad's very simple estate took 6m to get probate last year, as an example.

I mean things like a deep clean. He organised it but dh wasn't told anything until the day before the cleaners turned up.

He should not be spending any money from the estate without your husband's agreement. He can certainly pay for a deep clean himself, but he cannot decide unilaterally to spend the estate's money.

Your husband needs to consult a solicitor who specialises in probate and will be able to advise the best way forward. I would imagine VanGoghsDog is referring to an order to remove your husband's sibling as an executor, but your husband needs proper legal advice.