The executor is legally bound to execute the wishes included in the proven will to the best of their ability in a time efficient manner-it's not 'their' property to sit on. If the will asks for the property to be sold and the proceeds disposed of, this should have happened if possible. Ok, a 'reasonable' amount of time is required and probate itself can take many months but 5 years sounds excessive to me. I'd be looking for a copy of the will to see what the story is there.Thanks j26. That may explain the hesitancy of the executor to dispose of property that has sat idle for the best part of 5 years.
Thanks again
Bambam
Thanks j26. That may explain the hesitancy of the executor to dispose of property that has sat idle for the best part of 5 years.
Thanks again
Bambam
He may be hoping to set up a squatters title (12 years)
There's nothing to stop you from finding out from the Probate Office what the story is if the executor fails to act, especially if you think you might be a beneficiary.
But they can advise whether he is entitled to apply himself. There's a lot of knowledge in the civil service - if you ask nicely.The Probate Office is not the place to go looking for legal advice. The only information they can give the OP is whether a Grant of Probate has issued and a copy of the grant if it has.
I would really appreciate some advice, as it is unusual that the deceased would not have left as much as a book to the children or grandchildren etc:
- Is it possible to request a copy of a family will, from the solicitor, without the executor (and in this case sole benficiary as we have been led to believe) being informed by the solicitor?
- If the will went to probate do the Probate Office inform the executor that a request for a search has been made? If it didn't go to probate is there anywhere else that a will is registered?
- Does a solicitor have any responsibility to ensure the executor has carried out the instructions of the will.
Thanks
- If the deceased died intestate do offspring automatically receive a portion of the estate or does the surviving spouse receive the entire estate?
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