An executer, you should first notify the beneficiary of a Will that they have an interest in. Some executers are communitive and will keep beneficiaries updated throughout probate. Others just get on with the probate administration and the beneficiary will only be contacted again at the end of the process to arrange paying them their legacy.
In more unusual circumstances a beneficiary may hear nothing until they receive their legacy at the end of the process.
An issue now is the length of time it takes for probate (the legal right to deal with someone’s property, money and possessions) to be granted in England and Wales (Scotland and Northern Ireland have different rules) .
The Probate Registry recently said that beneficiaries of a will should allow at least 16 weeks for the Grant of Probate to be issued after they have received the application.
Typically, it takes, six months for the Grant of Probate to be made as the application is rarely made immediately after the death, and another 6 months for the assets to be sold and matters concluded. Our recent experience is that it is taking the probate registry on average 38 weeks to issue a grant of probate and that is in the case where the applications are straight forward, if there are any complications the applications are taking much longer.
If a beneficiary suspects nothing has been done or the executers are not acting very quickly a letter or email to them outlining your concern is the starting point.
If they are not forth coming with information or admit they haven’t done anything you are right to be concerned.
Executers have a duty to provide beneficiaries with information if they request it and answer questions and there is the explanation that this will be done promptly.
Inaction by the executers can be down to their lack of experience and many people do not understand this and professional advice and help should be obtained.
There are other situations where the executers do not want to act quickly as it is not in their interests to do so, for example if they live in a property which has to be sold.
Then they may be deliberately slow to respond for petty reasons, the death of a loved one can trigger historic disputes and it can be difficult to put these issues aside.
If you have given the executers the opportunity to explain, this usually helps speed the process up, if the executers do not know how to progress probate especially if dealing with more complicated estates, they the executers have a duty to take on professional advice.
If you receive no response from the executers or are dissatisfied with them or their response, you can make an application to the High court for them to be substituted.
You should need to demonstrate to the court why they should be replaced and who is better suited to act as the executor, which typically would be to appoint a professional solicitor or firm dealing with probate matters.
There would be costs associated with this route, and it will take time for a hearing date to be set.
It should be noted that the costs in trying to replace an executer who does not want to be replaced can be very expensive as this is a high court action and the executer is more likely to defend the application, legal advice should be taken.
The executer could offer to step down if they don’t have the experience or time to act, a new executer appointed to conclude matters, there is a lot of personal risk involved with being an executer, and people without knowledge or experience should be cautious about agreeing to take on this role.
If you would like any further advice, please do not hesitate to contact us:
3C Legal Limited
Tel: +44 (0) 1684 212147
Mobile +44 (0) 7707 644738
info@3clegal.co.uk