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Advice needed Contentious Probate

6 replies

Dollshouses · 18/11/2025 04:11

My sibling gained Sole Probate of deceased Parents Will without my knowledge, I am named as Executor but they engaged a solicitor who did not get my approval to do this and I have discovered I am now Power in Reserve. Sibling is not maintaining the property and refusing to sell, they have now stopped communicating at all, is there anything I can do?

OP posts:
HappiestSleeping · 18/11/2025 04:19

I would be talking to a solicitor as soon as you can here.

campista · 18/11/2025 08:19

Apply for an order for sale. You're an executor and a beneficiary?

PermanentTemporary · 18/11/2025 08:23

Please, this isn’t a formal legal advice site. Contact a specialist lawyer today.

prh47bridge · 18/11/2025 09:06

Unless you told either the solicitor or your sibling in writing that you wanted to hold your power reserved, the application for probate was fraudulent. You should also have been notified of the application for probate in writing.

As you have power reserved, you can make a formal request to allow you to act as an executor. The courts will then update the Grant of Probate to include you. In the situation you describe, you may also be able to have your sibling removed as an executor. You need to consult a solicitor and get this sorted.

Leavesfalling · 18/11/2025 10:55

Ive said this before on other legal threads. While Ive answered questions before, Ive come to the conclusion no decent solicitor should give you advice on here without full knowledge of the facts and circumstances. And jurisdiction. The more I read MN legal threads the more I think the whole topic should be removed.

If it happened in real life the solicitor could even potentially be sued for their advice even if you arent a client.

Go to a high street firm. Most will give you an hour for free to see if they want to take your case.

Dollshouses · 18/11/2025 22:04

Thank you, I wasnt sure if there was much I could do if Probate had already been granted but will speak to a solicitor to see if theres a way forward from this

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