Probate advice needed

[SickWithWorry123]

I posted on here last year about a Probate/Inheritance issue with my Sister and received very good advice, if I can ask a few more questions please.

I am holding funds from my Grandmothers estate that were due to be paid my Father, he passed away before her estate was finalised and I was the remaining executor.

My Father died without a will. I have no relationship with my Sister who has apparently now applied for probate and she has been made ab executor of my Dads estate. I do not have any proof of this.

She has sent me a letter saying I have 7days to transfer the funds I am holding as executor and trustee of my grandmothers estate to her bank account as part of my Dads estate.

My Dad was not married and there are 3 sisters who will inherit equally. For many reasons I know she will not transfer my third of the money, one of the reasons is that she verbally told me I would get nothing.

I have 2 questions

1. should I transfer the money to her without proof that she is executor? 2} can I transfer 2 thirds of the money to her keeping the remaining third that I am legally entitled to as one of his 3 children?

If there are any legal experts that can advise I would be very grateful as there was some amazing advice last time.

Why have the funds not yet been distributed?

Because the solicitor that dealt with my Grandmothers estate told me that I had a legal obligation to hold these funds as executor and trustee of her estate until Probate had been granted on my Dads estate.

I am not aware that Probate has been granted, apart from a hand written l letter from my sister which states it has.

You can ask to see the grant of probate before transferring the money. However, if she has it, you need to transfer the full amount unless you agree otherwise with her. It is a debt to the estate and, as executor, she is entitled to recover it, although it would be better if it was going into an executor's account rather than her personal account. Be clear with her that, if she does not give you your one third of the estate, you will be able to take legal action against her personally to recover your inheritance.

Thank you, I will write back asking to see the grant of probate and ask for details of the executor account to pay the funds into.

If she doesn't transfer me my third is there anything I can legally do, without having to instruct a solicitor to act for me? I've just been made redundant and funds are tight.

You could take action yourself, but I wouldn't advise it. If you have home insurance, check to see if that includes legal cover. If it does, they may be able to help.

You can check for probate here https://probatesearch.service.gov.uk/ it costs £150.

Out of interest why did you not apply for your Dad’s probate?

Keep your share, send her the rest with a bank statement so she can’t say you have too much.
Don’t give her the lot. Under intestacy laws, that third is legally yours, so keep it.

If there are bills to be paid from , offer to pay your share.

You have the upper hand here.

@Propertylover because the day my Dad passed she immediately went to the care home and took his house keys, wallet and belongings and would not let me into his house to get any documents so I could instruct a solicitor to apply for probate. I've had no involvement, apart from sorting funds to pay for his funeral.

@Vaz66 can I legally do this though??

I’m sorry she did this. I strongly suspect my sibling will do the same.

What’s she going to do?

It’s a civil matter and nobody will be interested in you keeping what’s rightfully yours.
Put it all in writing / emails that you are keeping hold of your share because you don’t trust her to administer the estate properly.
Presumably you inherit a share in his house too ? I’d actually be keeping all that money back until it’s sold and you have your share, she could keep the proceeds and you’d have an expensive fight to get yours.
Is the value of your total share of the estate more than the money you currently hold?

No property to sell, he was in a rented property. He did have a car and possessions which she has taken, I don't care about those though but if she gets this money I will never see a penny of it!

To be clear, it is not OP that owes money to her father's estate. It is her grandmother's estate that owes the money, for which OP is executor. She is required to distribute her grandmother's estate in accordance with her grandmother's will. She cannot keep some of it for herself on the basis that it will go into her father's estate and she believes she would then be entitled to it.

@prh47bridge could @SickWithWorry123 lodge a caveat with the probate office and use this to potentially use mediation to negotiate that a solicitor is appointed to act as Administrator?

This way the money would be held by the solicitor which would ensure the estate is correctly distributed to beneficiaries.

Yes it would reduce the inheritance as the costs would be from the estate, but not as much as all her inheritance.

That isn't what a caveat is supposed to be used for. It risks OP's sister getting the caveat removed and having costs awarded against OP. If OP's sister has already obtained probate, it wouldn't work anyway.

@prh47bridge thanks, I thought it was a long shot.

I would send her, her third with a note saying you were never informed that probate was being arranged for your Dad and send the other third to your other sibling. If she takes it further, it will cost her in Solicitors fees/Court Fees.

I've spoken with a probate solicitor today and she has advised to write back advising that I am seeking legal advice as to the validity of her claims that probate has been granted and that she is now an executor. It's going to cost me a few hundred pounds, maybe even up to £1000 but I think it's worth the investment for it to be done properly.

Glad you have had legal advice.,

You do know that you can check for probate very cheaply on the Gov.uk site ?
That’s the 1st step before you start paying out for advice.

Yes, I had the same thing happen when my father died as well.

I'd kind of agree with @Vaz66 on this one. Of course legally you should transfer the full amount. But I think if you deduct your third then at least you've kept the money and if she wants to employ a solicitor and take you to court, that will cost her a lot and very little financial gain. I'd be willing to bet she won't.

The father's estate that would take action against OP, not the sister personally. The action would be for OP's failure to distribute her grandmother's estate in accordance with the will. If the estate won, OP would have to pay the estate's legal costs herself.

So your father had no will so therefore died intestate. In this case I understand the the rules of intestacy apply. There is no Grant of Probate or executor but Letters of Administration need to be applied for and an Administrator appointed which seems to be your sister. You could also have applied.

Surely as the court appointed Administrator she has to disperse the funds as according to the intestacy rules unless she is going for a small estate indemnity if the estate is under £10k or whatever the current amount is.
Is a solicitor been appointed to administer the estate in which case they would disperse the funds. Though she could be doing the letters of Administration herself. I think you need proper legal advice. I always thought that Probate or letters of Administration were court produced documents and the executors or administrators were legally bound to follow the will or intestacy laws.

The executors or administrators are indeed legally bound to follow the will or, if there isn't one, intestacy laws. If they don't, they can be held personally liable.