how can i get solicitor to release my deceased mothers will, when 3rd exec will not allow it yet they are abroad

[nyehus]

my brother who lives abroad is the 3rd executor (my sister and I are the other 2), we want to go to probate for our late mothers estate, but the 3rd exec is with holding from writing to allow solicitor to release my mothers original will.

(i have asked another question about putting 3rd exec on notice for power reserved)

this time i would like to know how i can force the solicitor to release the will (and the house deeds to us)

[factor-fiction]

Do you know why he is refusing?

[nyehus]

guilt!

to be honest he didnt come back for the funeral has had no involvement in dealing with the estate, me thinks a) guilt, b) thinks as he is now head of the family (being the oldest - wth compes mentis) he should decide everything.

he just doesnt respond to any correspondence for days, he is 12+ hours ahead, making normal phone conversation with him limited

someone previsouly mentioned 'summons them at the Probate Registry to produce a testamentary document'

[factor-fiction]

Is he not expecting/wanting to be a beneficiary?
Has he explicitly refused to cooperate or is he just being dificult to pin down?

[buildersmate]

Working as an executor of an estate is about dealing with the affairs of the deceased in the way the will specified. So it isn't really about 'deciding anything' - it is about winding up the estate as the will specified - though many wills are written such the executors can decide the timing of disposal of assets.
If there are joint executors, one executor can't just adopt a head-in-the-sand approach and refuse to deal with the estate unless he/she can go it alone. This seems to be what you are saying.
I suggest you approach the Probate Office for advice - they must have seen this scenario before.
It is possible for an executor to be removed from office but it requires a Court Order and isn't to be done lightly.
Maybe this individual feels that the terms of the will are unfair if he is also a beneficiary? - however refusing for the whole of the estate to be administered because of this isn't going to solve anything.

[nyehus]

thanks for comments so far,

but i was really after comments on how to force a solicitor to release a will. (caused by indeciviseness of 3rd exec)

[factor-fiction]

What does your solicitor say the options are?

[nyehus]

im not using one my sister and I (the other 2 named execs) want to apply for probate ourselves, but the original will is held by a solicitor who wont release it without letter from 3rd exec

[buildersmate]

I didn't think there was a requirement for ALL executors to request in concert for the original will held by a solicitor to be released.
And I certaintly don't remember this being an issue when I dealt with family affairs before.
The solicitor will want ID evidence of the person claiming the will, but on what basis is this solicitor refusing to release? - has he had a letter from the 3rd executor expressly asking him not to?

[factor-fiction]

Sorry, I meant the solicitor you are trying to obtain the will from.
I don't remember an issue when I collected a will when I was one of two executors. Are you certain he is saying he will not release it yet and if so what does he need before he will release it- a form signed by the 3rd executor.

[Oleanda]

My sister and I were joint executors of our mother's will, and her solicitor refused to hand over the will to me because my sister was named first. I had to go back with an authorising letter from my sister before they would give it to me.

[nyehus]

during a phone conversation (admittedly with the solicitors secratary/pa) i was told that the 3rd exec would have to supply a letter (presumably for indemnity) before they released original will (and deeds to the house)

hold that thought - after several attempts i have had a voicemail suggesting a time to phone!

[nyehus]

now spoken to solicitor and explained that my sister and i dont want to be represented, they are going to email my brother as they have said they could not act for him alone, but can for all 3 of us.

so back to square 1,

how do i force the solicitor to release the will, when we give 3d exec notice of going on option c 'power reserved'

[Barmaid]

Ignore the house Deeds for now.

Ask them to release the will to the Probate Registry where you are intending to extract the grant. If they won't you will have to issue a subpoena under s123 Senior Courts Act 1981 (see also r50 NCPR 1987) for them to produce the original will at the Registry.

[nyehus]

is issuing a subpoena under s123 Senior Courts Act 1981 (see also r50 NCPR 1987) - something a layman like me can do?

[factor-fiction]

Barmaid will no doubt know the answer to that but I would have thought the solicitor would comply with the instruction to forward the will to the probate registry so there may not be a need for a subpoena

[Barmaid]

No reason why you can't, but it is a bit technical to get it right. There is prescribed wording (I think) for the affidivat and summons which you can probably get from the Probate Registry, otherwise you will need access to a professional text.

Try a local solicitor or counsel with direct access - it shouldn't be too expensive.

However, if you write to the solicitors beforehand and ask them to release the Will to the Probate Registry on notice to exec no 3, that might be a cheaper way of dealing with it. They don't have to do this, but might be worth asking.

[factor-fiction]

If you are a bit concerned about raising legal points with your solicitor it might be worth asking the probate office for guidance- they must have seen this problem before. They may well makt the same suggestion as Barmaid has but may help you through it

[nyehus]

im not using a solicitor - it is the 3rd exec (my brother down under) who is trying to appoint one