4 years on and probate is still not granted.

charlie77

Registered User
Messages
3
Hello,
My friend died in August 2009. He had a hand written will, witnessed and signed by myself and a friend. (I'm executor) It was drawn up in preparation of him visiting a solicitor. He went to the solicitor and the will was typed up but he died before he got to finish the process.
He died owning a quarter share in his fathers house. the father died intestate and after that my friends three sisters died intestate before any probates were done for any of the deceased.
We met with a barrister in February to discuss an affidavit to confirm we were witnesses to the hand written will and he signed it before we did. I've heard nothing from the solicitor since. I'm wondering is it normal for probate to take 4 years in a case like this? Also who is liable for the property tax on the house?
 
The estate would be liable for the property tax.

LPT web site says, The Personal representatives for a deceased owner (e.g. executor/administrator of an estate) is liable. My friend only owned a quarter.
 
I doubt the executor is personally liable to pay it from his own money.
 
You have not given enough information to give a clear answer.

1. In relation to the fathers estate, were the letters of administration obtained.

2. If so, what was the nature of the ownership of the children, tenants in common or joint tenants?

3. Did the children have wills, was probate applied for?

4. If you have heard nothing from the solicitor why don't you ring them?
 
You have not given enough information to give a clear answer.

1. In relation to the fathers estate, were the letters of administration obtained.

2. If so, what was the nature of the ownership of the children, tenants in common or joint tenants?

3. Did the children have wills, was probate applied for?

4. If you have heard nothing from the solicitor why don't you ring them?

1) I don't know if letters of administration were obtained. The sisters died 9 months apart after the father died. My friend didn't do anything about the house as he assumed it was his as he was living in it.

2) I assume ownership would be as per inheritance law as the father had no will.

3) The fathers 3 daughters did not have wills and were unmarried with kids. The girls children are late teens or in their early twenties now living with their fathers. They wouldn't know about or be receiving advise on how to apply for probate.

3) I've ask the solicitor and he just said he's waiting on the fathers estate to be sorted. He would not discuss the fathers part. He did say nieces and nephews in England were ringing about when were they getting their share of the estate. He wouldn't give them any information either.

I'm just worried about the property tax accruing interest and the house is now unoccupied and will start falling apart with damp.
 
Perhaps the solicitors on here will advise on this but I would have thought that you as the executor of your friends estate are entitled to the information on where the estate of his father is at.

It's more than 4 years! But you can't do anything until that is sorted.
 
I can't make any sense of these posts.

How do three unmarried sisters all have kids, living in the UK, and all three sisters die within a short space of time? Who is the beneficiary of the "friends" will? Who is instructing the solicitor? Is there any communication between any of the prospective beneficiaries?

mf
 
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