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DB- executor of DM’s will lives abroad

3 replies

DancingTeeth · 16/01/2022 15:34

My mother has recently died. She names my brother as executor of the will, which is a problem as he lives abroad. Is he able to write a letter allowing me to apply for probate? Can he apply for probate from abroad?

We are doing it ourselves as the only property is well/ cash well under limit to for inheritance tax?

OP posts:
TizerorFizz · 16/01/2022 16:30

In your position I would ask a local solicitor for help. Emails can help but being abroad makes it more difficult. An executor can say they don’t wish to do it I think. The Government web site has details of this. The Citizens Advice Bureau has a very good guide to being an executor and probate. I would read it fully. There is always more to be done than selling a house and dealing with cash. I would read the guide and make an informed judgement.

DancingTeeth · 16/01/2022 18:02

Thank you @TizerorFizz. I will check out CAB guide

OP posts:
Measureformeasure · 16/01/2022 18:49

Yes, he can apply from abroad. Or he can appoint you as his attorney to sign things for him. Or he can renounce probate. If he does this though and there is no replacement executor named in the Will the application for probate can be a little more complex.

If you're worried speak to a local solicitor, let them have a look at the Will, and they will let you know your best option (I am a probate solicitor).

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