Giving False Information To The Probate Office

[operabuff]

What happens if someone declares to the probate office that they are the only executor, when they are not?

[FredPuli43]

How did that happen? The will names the executors. Did anyone claim that one had refused to act as executor ?

[Peter Pedant]

The nice thing about little info is that one make the missing bits up.

The list of executors in a will - is a list of possibles isnt it ?

Not all of them need BE executors.....
so isnt it possible operabuff's 'other, only ' executor has just come forward and declared : 'I am doing it'

I thought that was the disadvantage of naming a solicitor as an exec
in that you can't stop the little b+ggers being executor
AND of course cant stop them charging for stuff you could do yourself
AND being slow about it

[jake-the-peg]

Well as I recall from doing this recently there is a spot in the probate form where you declare where you name the executors and you could just name yourself

Of course the original of the will accompanies the form so I would imagine the probate office would question it

But as with any routine job done by civil servants I think there's a fair chance their checking is not as good as it should be and they'd just return the letters of administration anyway!

[tonywiltshire]

As Fred says the Will names the executors and any executor who wishes to renounce his right to probate, which is why it is important to first gain agreement to serve, should have passed the signed form of renunciation together with the will and any codicil to another executor. If they are unable to locate another executor they can discharge themselves and courts have the discretion to appoint or remove personal representatives from a valid will.

[operabuff]

I was named in the will, with my brother, as joint executors but according to the Probate Registry, my brother declared that there was no will and he was sole executor. As a result, I am not allowed any information about my father's estate.

[jno]

so who's got the will?

[Barmaid]

If there was no Will, there cannot, by definition, be an executor. (There can only be an administrator under the intestacy rules). Assuming your father did not leave a surviving spouse and assuming that there was no Will, you are entitled equally with all your father's children.

The PR are wrong (I have to say, I am EXTREMELY surprised that they have said this, normally DPRs do not a) give advice and b) if they do it is not normally wrong). You are entitled to apply for a summons under s25 Administration of Estates Act 1925 for the administrator to provide an inventory and account.

However, might I suggest that you seek legal advice? From what you have said (and I mean this in the kindest way), I think there may be some misunderstandings going on.