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Original poster

Problems with a will

40 replies

BobnBrenda · 28/11/2025 06:41

I’m wondering what my rights are. My aunt had two sons, and so I was kind of like a daughter to her and we were very close. She was very wealthy and left me some shares and a property and also made me an executor of her will. Her two sons are co-executors - and are set to benefit massively from the will. She was worth many millions. My share is relatively very small. At the reading of the will, to which I wasn’t invited, unbeknownst to me
the sons told the probate lawyer that I wouldn’t be exercising my rights as an executor and that I had agreed that the two sons would be doing it. The probate lawyer took them at their word and cracked on with probate. There were some tax implications of the inheritance for me, so I’d been emailing the lawyer asking what was happening, valuations of the property, likely timelines etc and wasn’t hearing anything back, which was odd. I tried to get tax advice independently but couldn’t because each person told me that they’d need all documentation and the info on all her estate. I kept on at the probate lawyer and eventually after much cajoling the lawyer told me that as I wasn’t exercising my rights as an executor, he didn’t have to respond to me and then said something along the lines of if I continued to try to assert my right as an executor that there might be tax consequences for me, and that basically I was putting myself at financial risk. I consulted a lawyer as to my rights and he said as you’re not their client they don’t have any obligations to you. The problem for me is that I suspect the sons of syphoning off some money that was due to be mine, offering a hazy explanation of debt repayments and also they forgot to mention that my tax bill was due and there’s a fair whack of interest on it. As an executor, I asked to see the company accounts to try to work out where this money had gone and got told to * off in no uncertain terms. I also told the lawyer that he should have told me about my tax bill and again got told to ** off in no uncertain terms. Basically has anyone got a clue what my rights are? Will I ever find out what happened to this money or do I just need to chalk it up to experience. I’ve been told I can’t complain to SRA cos you can only complain about your own solicitor to them, not someone else’s. So doors have all closed in my face.

OP posts:
prh47bridge · 28/11/2025 09:27

Consult a solicitor who specialises in contentious probate. The sons have fraudulently removed you as an executor. You can exercise your right to be an executor. Given their behaviour to date, you may well be able to have the sons removed as executors.

There are no tax consequences from acting as an executor. I am struggling to understand how any of this has resulted in a tax bill for you.

Whoever told you that you can only complain about your own solicitor to the SRA was wrong. Anyone can report concerns about a solicitor. However, before doing so, you should make a formal complaint to the firm and exhaust their complaints process. Whilst you are not their client, alarm bells should have rung for them if you told them that you had never said that you wouldn't be exercising your rights as an executor, and they should not have tried to frighten you off with false information suggesting that being an executor would put you at personal financial risk.

Original poster
BobnBrenda · 28/11/2025 11:52

Thank you. I tried to complain but the firm wrote to say, you're not a client so we don't need to respond to your complaint and refused to take it further. The thing I'm concerned about is that contentious probate is expensive? I've been told it can cost tens of thousands?

OP posts:
cestlavielife · 28/11/2025 11:54

Inheritance tax is paid before distribution so no personal tax for you to pay.
If there are millions involved then get a good lawyer

Wonderknicks · 28/11/2025 11:57

You have to sign a form to be removed as an executor. Have they forged your signature? There are no tax implications to being an executor.
If they have been granted probate the document becomes a public document.

Original poster
BobnBrenda · 28/11/2025 11:58

Ok. thanks. It's not me getting millions though, it's them. My share is modest, more of a gesture...

OP posts:
Spirallingdownwards · 28/11/2025 11:58

BobnBrenda · 28/11/2025 11:52

Thank you. I tried to complain but the firm wrote to say, you're not a client so we don't need to respond to your complaint and refused to take it further. The thing I'm concerned about is that contentious probate is expensive? I've been told it can cost tens of thousands?

Let them know the nature of your complaint and that a solicitor at their firm is complicit in the sons' fraud if they refuse to accept that you didn't give up executorship.

MissMoneyFairy · 28/11/2025 12:01

There are no tax implications, you can report any solicitor, have you got evidence you were appointed an executor.

Pollqueen · 28/11/2025 12:01

They can't just remove you as an executor. There needs to be a Deed of Revocation signed by you! You do need proper legal advice and a contentious probate lawyer

Alternatively, contact the SRA, the solicitors regulation authority. What the solicitors have done is unlawful

prh47bridge · 28/11/2025 12:14

BobnBrenda · 28/11/2025 11:52

Thank you. I tried to complain but the firm wrote to say, you're not a client so we don't need to respond to your complaint and refused to take it further. The thing I'm concerned about is that contentious probate is expensive? I've been told it can cost tens of thousands?

In that case you can go to the SRA.

Contentious probate can be expensive. However, in a case like this, there is a chance the sons will give up when they see you are serious and have professional advice. I obviously can't say for sure as I only have the information you have posted, but if what you have posted is correct you should win, in which case either the sons will have to pay your costs directly or, if not, it will come out of their share of the estate. If you don't consult a solicitor, it is likely you will end up with nothing. Worse, if you are being made to pay tax and interest as your OP implies, that suggests they have already defrauded you and may continue doing so.

pinkdelight · 28/11/2025 12:15

Listen to @prh47bridge and get proper legal advice IRL to deal with this. You can't trust this firm as they've already done the wrong thing (who removes executors at the word of the other two? that alone doesn't sound accurate) and you sure as hell can't trust the sons. It sounds like more than a 'gesture' amount if it includes a property and you thought (erroneously) that it had tax implications. You can't go off any of the info you've been fed so far by the firm so get someone decent involved to sort through this for you so it's done properly, as your aunt clearly wished.

ByQuaintAzureWasp · 28/11/2025 12:19

Why have you not told the solicitor you have not given up your right as executor. You need to do so immediately so you can have all the relevant information.

ByQuaintAzureWasp · 28/11/2025 12:19

Why have you not told the solicitor you have not given up your right as executor. You need to do so immediately so you can have all the relevant information.

LemograssLollipop · 28/11/2025 12:23

BobnBrenda · 28/11/2025 11:52

Thank you. I tried to complain but the firm wrote to say, you're not a client so we don't need to respond to your complaint and refused to take it further. The thing I'm concerned about is that contentious probate is expensive? I've been told it can cost tens of thousands?

Whilst that is true, you can complain as a beneficiary of the estate. You haven't been kept informed of your entitlement under the Will nor received any responses to your letters asking for information.

Check the firm's website and contact the complaints section immediately and in writing. State all the times you have contacted them and not received a response together with the responses you have received.

Do you have a copy of the Will to show you were appointed as an executor? If not contact the firm that prepared the Will asking for a copy - you have a right to have this as a named executor.

prh47bridge · 28/11/2025 12:27

LemograssLollipop · 28/11/2025 12:23

Whilst that is true, you can complain as a beneficiary of the estate. You haven't been kept informed of your entitlement under the Will nor received any responses to your letters asking for information.

Check the firm's website and contact the complaints section immediately and in writing. State all the times you have contacted them and not received a response together with the responses you have received.

Do you have a copy of the Will to show you were appointed as an executor? If not contact the firm that prepared the Will asking for a copy - you have a right to have this as a named executor.

Show quote history

You can also get a copy of the will from the probate registry. This costs £16.

LemograssLollipop · 28/11/2025 12:30

I suggest you put an alert on the property that has been gifted to you. It's free and you will know if the sons try to sell it transfer it without you knowing.

https://www.gov.uk/guidance/property-alert

You really need to instruct your own solicitor, especially if the value of the estate is as high as you expect. The risks are much higher.

Property Alert

Sign up to HM Land Registry's free Property Alert service to help protect your property from fraud.

https://www.gov.uk/guidance/property-alert

LemograssLollipop · 28/11/2025 12:33

OP hasn't said if a grant has been issued - if not yet, then the Probate Registry will not be able to provide a copy of the Will as it isn't a public document.

Original poster
BobnBrenda · 28/11/2025 12:39

Thank you for all the replies. the grant hasn't been issued. The solicitor knows I'm an executor, I sent him a copy of the will. he told me I'd get in the way if I got involved and his clients would do everything in their powers to stop me getting involved. Said as I'm not a big beneficiary there's really nothing for me to do as an executor other than to meddle and cause problems.

OP posts:
Original poster
BobnBrenda · 28/11/2025 12:39

They're being awful, I can see that. It's just knowing how to tackle it. They point blank refuse to accept my status. And I feel scared at the thought of going to court.

OP posts:
pinkdelight · 28/11/2025 12:42

BobnBrenda · 28/11/2025 12:39

They're being awful, I can see that. It's just knowing how to tackle it. They point blank refuse to accept my status. And I feel scared at the thought of going to court.

They truly are awful, which is why you can't listen to them. Good that you know what to do now so you can crack on and get it resolved. No point being scared of things that may or may not happen. Nothing good will happen if you don't take action now. Follow @prh47bridge advice on this thread and good luck with it!

Original poster
BobnBrenda · 28/11/2025 12:42

Thank you Lemongrasslollipop for the ombudsman link. that's massively helpful. I was told that I couldn't complain to them - but it looks like as both a beneficiary and an executor that I can. I'm going to get on it. Thanks!!

OP posts:
Sunnyside12 · 28/11/2025 12:48

You need to escalate this quickly as the solicitor should not be telling you this. Follow the previous advice to escalate in the firm and with the SRA and instruct you own solicitors for contentious probate; they will give you all the advice you need. But do not be fobbed off!

honeylulu · 28/11/2025 12:50

Write formally to the solicitors and to the Probate Office to state that you are an appointed executor and have not renounced your executorship and that the co-executors are incorrectly proceeding without you.

It's a bit "nuclear" as in your cousins will probably be furious but if you don't wish to preserve a relationship then that is no real hardship.

You aren't contesting the will itself, you are just drawing attention to the fact that a procedural aspect is not being complied with and needs to be corrected.

I think it's not that unusual. I and my eldest cousin were appointed executors for our grandmother's will but she applied for probate as sole executor. When I realised I was really shocked as she had never asked me to renounce and I had not done so. The probate office and the solicitors dealing just took her at her word and didn't ask for a certificate. I didn't challenge it as to be honest she was local and worked part time. I was 100s of miles away and full time with small child and I would have struggled to commit much time to the duties, so i wouldhave agreed to renounce if asked. I was surprised how easy it was for her to just go ahead though. (Punchline, I'm a solicitor myself, though not a probate one.)

LemograssLollipop · 28/11/2025 12:51

BobnBrenda · 28/11/2025 12:39

Thank you for all the replies. the grant hasn't been issued. The solicitor knows I'm an executor, I sent him a copy of the will. he told me I'd get in the way if I got involved and his clients would do everything in their powers to stop me getting involved. Said as I'm not a big beneficiary there's really nothing for me to do as an executor other than to meddle and cause problems.

Absolutely staggering response from this solicitor 😮 and completely untrue to unprofessional and negligent.

You need to report this to his firm.

Imagine what he is fobbing others off with!!

Taking a step back.... The Will is clear so how the sons think they can deny you your share make no sense. I suspect the property has rocketed in value and that's why they don't want you to have it and don't really want you involved.

Also as an executor your legal costs are paid by the estate (unlike a beneficiary) so ensure you assert your right as an executor rather than a beneficiary.

Stay strong! 💪🏾

bestbefore · 28/11/2025 12:53

Is there a senior partner at the solicitors that you could speak to?