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Legal matters

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Dad died - weird executor behaviour

5 replies

ThatGreyCat · 08/11/2024 18:56

My (30F) dad died suddenly last year and the executor (my aunt) hasn’t even applied for grant of probate?

My parents divorced when I was young and I live with my partner and child in the US. Dad and I were never super close but not on bad terms - we’d catch up every time I was home, speak regularly on WhatsApp, calls a few times a year on special occasions etc. Me moving to the other side of the world didn’t help but we never fell out.

He died suddenly last October and his sister, our only close family, didn’t even tell me he died? I found out from a family friend on Facebook and when I reached out to his sister, she didn’t respond and then I noticed someone (I presume her) had unfriended me from my dead dad’s page. I tried to add it again and they rejected me again. Seemingly trying to hide his death since she was telling random acquaintances who vaguely knew him about his funeral plans.

She is a bit of a sketchy person in general but this was distressing and I don’t even know where my dad is buried/wasn’t invited to the funeral. I had to order a death certificate to find out the cause of death.

I don’t have siblings and my dad never remarried or had a partner. I have a feeling he left me his house but don’t know for sure. But I’d imagine he’d leave it to me and his grandkid over his sister.

The house is paid off/no mortgage but has been unoccupied for a year and since I’m far away, I have no idea if it’s being taken care of. Not great for it to go through another winter in England.

My dad’s sister and my grandma were executors of his will, but sadly my grandma died a couple of years ago so it’s just his sister now. For an entire year, she has refused to communicate with me at all and has not applied for a grant of probate.

Even though he died suddenly, I doubt it takes a year to even apply for the grant. I tried emailing my dad’s solicitor but they can’t talk as I’m not their client. Eventually, I told them in July that if the executor won’t communicate or take action, I’ll apply for a citation to have them removed.

After that, my aunt then sent a nasty letter to my mum’s house in England saying that she is going to apply for grant of probate now and I can’t apply to be the executor. So why doesn't she apply already then?

I contacted a solicitor in my hometown and had a consultation, and they are contacting my aunt and my dad’s solicitor asking to see a copy of the will but I am also concerned about racking up legal fees when the solicitor is £260 an hour as I lost my job at the start of the year and only my partner is working currently.

Not sure if I should just wait and hope she applies for the grant of probate and see the will when it’s public? Pursue with a solicitor? I find it all so strange and intentionally arsey and it’s making me so stressed with an already sad situation of losing a parent. I just want to know what's going on with it one way or another and move on with my life.

TL;DR: Dad died while I'm on the other side of the world. Only family is his sister who didn't notify me, refuses to communicate and hasn't applied for grant of probate in a year despite being the sole executor. Property has been abandoned for a year and don't know what the will says.

OP posts:
prh47bridge · 08/11/2024 19:26

It may be expensive to pursue this with a solicitor, but can you afford not to? You may miss out on your inheritance if you don't.

You wrote to your father's solicitors in July saying that you would apply for a citation if your aunt failed to act. The fact she sent a nasty letter to your mother's house suggests she knows of this. If she still has not applied for probate, it is time to take the next steps towards having her removed.

You may find Advice on What to Do if an Executor Fails to Act useful.

Advice on What to Do if an Executor Fails to Act

What can you do if an executor fails to act or if they not acting in the best interests of the estate? Discover the best course of action here.

https://www.newtons.co.uk/news/what-to-do-if-an-executor-fails-to-act/

Sparsely · 08/11/2024 19:41

My husband suggested that you should email directly to the solicitor handling the will and ask if you are a beneficiary. If you are, then you have the right to see the will and you can ask for the executors to be removed

If you have doubts about the will you have 6 months to lodge a claim. This is quite useful:

www.higgsllp.co.uk/articles/can-you-contest-your-parent-s-will#:~:text=If%20you%20have%20been%20disinherited,will%20depend%20upon%20your%20circumstances.

TizerorFizz · 08/11/2024 21:53

You don’t have a right to see a will before probate is granted. Afterwards it’s a public document. You can ask to see it.

Vax · 09/11/2024 09:03

How stressful. I hope you take the advice two posts up and that it's helpful.

Another2Cats · 09/11/2024 12:14

"...when the solicitor is £260 an hour"

You might ask if there is another solicitor available who is not so senior?

My father died last year and I initially contacted a local solicitor to discuss probate. She explained that her fees would be a similar amount but that I could instead deal with a more junior colleague and the fees would be around half as much.

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