Forcing Probate

[mondee]

The courts have ordered that my sister has to carry out probate jointly with me. She does not like this. She has now refused to respond to both her solicitor and mine for over a year. She moved house and i tracked her down and she is still refusing to respond.

Could i ask the courts to allow me to carry out probate on my own if she is showing no interest? We are are to inherit an empty house. The house in question now has squatters in it who are causing a nuisance.

[Buenchico]

See here:
https://www.hughjames.com/news/comment/2013/04/how_to_remove_an_executor/

[fiction-factory]

Good answer, as expected, from Buenchico. Has your solicitor suggested anything?

[ToraToraTora]

tell her if you don't sort it the legal profession will take over and steal your inheritance in fees.

[Barmaid]

I think we need a little more info. Which Court was it? High Court or Probate Registry? What ws the original application? I assume probate has not actually been granted.

[mondee]

Hello and thank you everyone for your responses.

The case was heard in a County Court and an Order was made that my Sister had to make a joint application with me.

She really wanted to take sole control. I agreed that her solicitor would take the lead but everything stopped when I insisted on seeing the invoices for the debts that had to be paid before I signed anything. This is when I found out that over £10000.00 had illegally been removed from my late Father's bank account after he passed away. The bank will release information about who took the money only after we get probate. My Sister went underground every since I found out about the theft and is refusing to respond to everyone.....even her own solicitor.

I have little cash and cannot afford a proper probate Solicitor. My Solicitor is preparing an affidavit to explain to the Courts that I would like to apply for probate in my own due to the fact that my sister is showing no interest in making a joint application. I am hoping to get an Order giving me the authority to carry out Probate solely if she does not respond to the courts in 28 days to give her the chance to do it jointly. I know that this has never been done before and am very worried.

My Sister has been made aware of the squatters and the problems they are causing for the neighbours but she continues to do nothing and refusing to help me to help the council to take action to get a Closure Order.

If I had probate I could remove these sqautters myself but am powerless without it.

I am aware that any inheritance will still be shared equally.

[murraymints]

oh dear..sounds a familiar story....best of luck

[Barmaid]

" I know that this has never been done before and am very worried. "

These are common applications and nothing that would provide the Probate Registry with too much trouble. I am not sure precisely which procedure your solicitor is using (there are a coople which spring to mind), but given that he is preparing an affidavit, it seems to me like it is all in hand.

[fiction-factory]

I wonder whether the police would deal with the issue of the withdrawal after your father's death. Presumably it happenend between the time of death and the time the bank were notified of the death

[ToraToraTora]

Look like she's half inched 10k