a. A Will normally names one or more Executors
b. Executors apart, no-one can insist on seeing the Will until it is probated and becomes a public document
c. But probate is the mechanism that proves that the Will is legally valid
So before probate, what proves that the executors are genuine executors – apart from anyone who simply claims to be an executor?
"I'm the executor; you can't see the Will - which named me as executor - until after probate 'cause I said so"
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Executors – Catch 22?
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- Lemon Quarter
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Re: Executors – Catch 22?
Bear with me as we have a different legal system up here, but surely one just goes to the parties sitting on the will and advise them that in the absence of its production you propose to ask the courts to appoint an executor dative (it has not been demonstrated there is a will) , that ought to flush out the production of a will.
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- Lemon Half
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Re: Executors – Catch 22?
stewamax wrote:[So before probate, what proves that the executors are genuine executors ..."
The Probate Registry?
People will be along who know more than I do but I have seen caveats mentioned on here or back at TMF.
See https://www.gov.uk/stop-probate-application for starters only, if you or someone else already has suspicions, or is this a general enquiry?
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- Lemon Half
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Re: Executors – Catch 22?
The PA8A https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/905672/PA8A_1219_save.pdf includes (my underline):
Application to stop a grant of representation
Use this form to apply to stop an application for a grant of representation for up to
6 months. This is also known as 'entering a caveat'.
You may want to stop an application when:
• you think the person who made the will was being influenced by someone
else or was not able to make their own decisions
• you think someone interfered with the will or forged it
• there is a more recent will
• the will was not properly signed and witnessed
• the person applying for probate refuses to share a copy of the will with you ...
Best to read the entirety but also:
You should always try to come to an agreement with the person applying for probate
before you stop their application.
You may want to talk to a solicitor or contact Citizens Advice for legal advice.
You may have to pay legal costs if you stop an application without a good reason.
Application to stop a grant of representation
Use this form to apply to stop an application for a grant of representation for up to
6 months. This is also known as 'entering a caveat'.
You may want to stop an application when:
• you think the person who made the will was being influenced by someone
else or was not able to make their own decisions
• you think someone interfered with the will or forged it
• there is a more recent will
• the will was not properly signed and witnessed
• the person applying for probate refuses to share a copy of the will with you ...
Best to read the entirety but also:
You should always try to come to an agreement with the person applying for probate
before you stop their application.
You may want to talk to a solicitor or contact Citizens Advice for legal advice.
You may have to pay legal costs if you stop an application without a good reason.
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