If deceased was executor of another will does that duty pass onto executors of the deceased's will and should it be disclosed to solicitor

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2ForJoy

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My mother passed away in late 2019 leaving a will - house and assets. For a number of reasons her solicitor dealing with will was not instructed to apply for Probate by the executors until very recently May 2021. As a beneficiary I had concerns about lenght of time that probate was taking but was given all kinds of excuses over the months by the executor ( sibling ) - covid, probate office, solicitor delays...only to discover now that probate was only applied for in May 2021.

I also had concerns regarding this other issue.
My Mother was executor to her fathers will which included a house - not yet been sold due to an elderly family member living there. That will states that when current resider - a very elderly sibling - deceases the house will then go to my mother ( had she been alive ) & 2 siblings or in the event of their deaths to the grandchildren. I thought the correct approach would be to explain this to the solicitor dealing with my mothers will as it may have implications later on. When I have tried to discuss this with the executor the response was no! complex enough without bringing that up. Any advice would be appreciated.
 
I do not understand - so is the situation the following

Your father died in ???
Your mother was named as the executor - but the will was never proved or was it? the estate was never distributed?

Your mother has died in 2019
Her will has not been proved yet but probate has now been applied for?
 
IANAL

As I understand the OP.

Mary (OPs mother) was exec for John (OPs grandfather, Mary's father).

Mary died before completing Probate for John's estate.

Edit: OP has confirmed that Grant of Probate was completed for John's estate.

As I understand it (if there is no other exec appointed under John's will) what is now needed for John's estate is grant of administration with will annexed.
 
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Th
jpd said:
I do not understand - so is the situation the following

Your father died in ???
Your mother was named as the executor - but the will was never proved or was it? the estate was never distributed?

Your mother has died in 2019
Her will has not been proved yet but probate has now been applied for?
Click to expand...
The last bit is correct died in 2019, will not been proved but probate applied for
 
Thirsty said:
IANAL

As I understand the OP.

Mary (OPs mother) was exec for John (OPs grandfather, Mary's father).

Mary died before completing Probate for John's estate.

As I understand it (if there is no other exec appointed under John's will) what is now needed for John's estate is grant of administration with will annexed.
Click to expand...
Thankyou for your response you understand it correctly except that probate was actually applied for and granted for John ( Grandfather ) a number of years ago immediately following Johns death. However part of that will stated that the current resident could reside there until deceased and then property would be administered as detailed in original post. Apolagies I do not understand grant of admin with will annexed
 
A Grant of Administration with will attached is an application for probate by a person where there is a will but where the named executor(s) are no longer able or willing to carry out the task.

The Probate Office will appoint the person as an Administrator to the estate to enable the estate, or the remainder of the estate, to be distributed according to the original will.
 
If Grant of Probate is completed for John's estate that makes things simpler.

From what you have said, nothing more will be done until the current resident passes away.

Other than the delay with your mother's estate, which is longer than you might like, but given the events of the last year, not hugely surprising; I don't see any issue here.
 
Thirsty said:
If Grant of Probate is completed for John's estate that makes things simpler.

From what you have said, nothing more will be done until the current resident passes away.

Other than the delay with your mother's estate, which is longer than you might like, but given the events of the last year, not hugely surprising; I don't see any issue here.
Click to expand...
Thankyou for your response. that is good. My only query was should this be discussed / disclosed with current solicitor dealing with my mothers will as to me ( unlegal person ) it is part of my mothers estate but obviously I could be completely incorrect on that
 
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