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Will not being executed

6 replies

Binjob118 · 09/08/2021 12:36

Hi, my widower FIL passed away last year. His only assets were a house and a few savings. There are 5 siblings and the will splits assets between all.
The issue is that 2 siblings are executors and are not executing the will. One sibling lives in the house and is refusing to start the process of selling etc. They suggest they may buy the house later but not right now. They also have the original copy of the will and won't let anyone else see it.
My question is how best to move forward? Should we try and get executors removed? What can we do if siblings simply refuse to do anything or allow the property to be sold?
Thanks for any advice.

OP posts:
GrrRightBackAtYou · 09/08/2021 17:31

What does your DP & the remaining siblings want to do? If they force the issue there will be family fallout but if they do nothing there may be little left to inherit.

The executors don’t seem fussed about causing family fallout by not following the instructions of the will, it may be time to take action.

www.funeralguide.co.uk/help-resources/managing-your-estate/removing-and-substituting-executors

HollowTalk · 09/08/2021 17:34

Your partner needs to see a solicitor about this, OP. Wills can be read online but I think they're only put on after probate.

MurielSpriggs · 09/08/2021 18:20

Definitely solicitors needed, and not anonymous internet advice!

There are various possible solutions. One would be applying to the court for "citation to take out probate".

The court can direct the executor to show why he should not be ordered to take out the grant of probate. The citation can be made where an executor has not obtained a grant within six months of the deceased’s death and it is issued at the request of an individual (a citor) who must have a beneficial interest in the estate.

If the executor (the citee) fails to respond to the citation (known as entering an appearance) and take the grant, or responds but does not take the grant, the citor may apply for an order requiring the executor to take the grant within a specified time, or ask the court to direct that a grant may be issued to him or someone else.

You'd hope that the threat of this would jolly them to action, because the only people who get rich from this sort of squabbling are lawyers.

Binjob118 · 09/08/2021 18:24

Thanks for all the replies. Yes we will need legal advice. It's already caused a family fallout unfortunately.

OP posts:
TootTootTootToot · 09/08/2021 21:31

What an awful situation. Are you all in the same area?

Binjob118 · 09/08/2021 22:19

No, we are all spread out. The sibling in the house has definite narcissistic tendencies and we think they will actively enjoy controlling the whole family like this. I think the probate system is open to such abuse.

OP posts:
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