Check my understanding of a will please - long post

[Alex Z]

I'm sure there will be people here with far more experience that can confirm whether my understanding of this is correct or not.
I expect we will (sorry for the pun) need to take paid legal advice, but on a Sunday evening I thought I'd ask here first. Thanks in advance who reads all this and replies.

My partner's (P) dad (PD) had remarried 25+ years ago after his first wife died at a relatively young age. My partner has a sister (S) and their step mum (SM) who is very frail and in her 90s has one daughter of her own (SS).

Her dad died last month. His wife is still alive and they had mirrored wills - we have seen copies of both.
It is believed the the family home is owned as Tenants in Common as the will wouldn't make sense if they were Joint Tenants.

Her dad's will names SM, P, S and SS as executors and trustees, and says that nobody shall apply for probate other than SM unless she requests them to do so.

The will says that his interest in the home (probably worth £350-400k) gets placed into trust, and will be split 30% to P, 30% to S and 30% to SS with 5% to be shared between grandchildren (3 in number) and 5% to a few family friends. They can not sell the house without SM's consent, and she has the right to live there.

Personal jewellery, clothing and household effects go to SM.

There is no mention of any bank accounts or other assets.

It says that the trustees may make loans from the residuary estate to SM if they so wish.

Her dad had a joint account with SM (though the funds in it were 100% from him), and we believe has other accounts in his sole name.


So far, so good, however SS is not happy about this arrangement and feels that she should be entitled to 100% of the house as it was SM's property before she married PD, and the one of the family friends is also up to no good, as she was trying to get hold of PD's mobile phone and email account. There has been lots of very evasive behaviour with SM and SS not wanting S and P to see the will, and lying about the existence of the joint bank account.

Anyway, on to the questions,,,,

1) If SM decides to ask SS to apply for probate against P and S's wishes, there doesn't seem to be anything that can be done to prevent this?

2) There are four people named as executors. If SS gets probate having been requested to do so by SM, is she obliged to involve P and S, or can she completely exclude them from the process?

3) Any money in PD's joint bank account is irrelevant as far as the will goes, and now belongs to SM irrespective of the source? As an aside, SM wants a big funeral and wants P and S to pay for it all, and denies that this joint account exists.

4) Any money in PD's other bank accounts forms part of the residuary estate and should not be touched?

5) Do P and S have the right as executors to know of the existence of these accounts and their contents?

6) There is a car in the garage that was PD's. SM used to have her own car but that was sold after she managed to reverse it off the drive, do a complete U turn and hit the house next door. I would expect this forms part of the residuary estate, but if SM says "the car was jointly owned" then it would be impossible to disprove.

7) Where the will mentions that the trust can loan money to SM, who would need to approve this? Is it something that one trustee can do, or does it require agreement of them all?

8) We expect that SS will be asking SM to change her will to leave 100% of her estate to SS. That's her right, and the only way to challenge the validity of a new will would be to argue that she was no longer of sound mind? Presumably that would be a long and costly process? Had SM died first, there's no chance at all that P and S would have tried to get PD to update his will, but that's not legally relevant.

9) SS is hinting that there may be another newer will floating round somewhere. If one does appear and it doesn't leave anything to P and S, this would be very unusual as he had told them that everything was split three ways a couple of months before he died and their relationship was very good.

10) If as we expect, SS tries to make this as difficult as possible, what are the practical options? Presumably that involves a good solicitor and lots of expense? What are the consequences for not executing a will properly?

11) It seems to me that the best option would be to pay solicitors to administer the estate and trust so everyone gets what's written (albeit reduced because of the costs), but would that need to be agreed by all executors?

12) Do other beneficiaries of the will have any rights to see "the working out" or do they just have to accept that they get £XXXXX and that's it?

13) Any advice or suggestions?

Thanks again

[xx99xx]

Lost me with all the acronyms but I hope it all works out.

[BertBert]

Seriously you are expecting PH to spend the time on all that and give value answers?

[AB]

Meh, not going to read it but;

1) Can SS apply for probate against P and S’s wishes?

Potentially yes.

If there are four named executors, one executor can often apply for probate if the others:

• agree,
• “reserve power,”
• or renounce.

However, if P and S actively object, it becomes more complicated.

P and S may be able to:

• enter a caveat at the Probate Registry,
• which temporarily prevents a grant of probate being issued while matters are investigated.

That does not permanently stop probate, but it forces engagement.

So:

• ❌ It is not true that “nothing can be done.”
• ✅ There are procedural mechanisms to slow or challenge matters if there are genuine concerns.

⸻

2) Can SS exclude P and S from the process?

Not properly, if they remain executors.

Executors owe duties to:

• the estate,
• and the beneficiaries.

If P and S are acting executors (i.e. they have not renounced), they are generally entitled to:

• estate information,
• valuations,
• account details,
• copies of estate accounts,
• involvement in decisions.

One executor should not secretly administer the estate while excluding co-executors.

In practice:

• banks/solicitors sometimes deal with one “lead” executor,
• but major decisions should involve all acting executors.

⸻

3) Joint bank account

Usually (but not always):

• a true joint account passes automatically to the surviving account holder by survivorship,
• outside the will.

So generally:

• the money becomes SM’s,
• regardless of who contributed.

However:

• there can sometimes be disputes if the account was only joint for convenience/care purposes,
• especially where capacity or undue influence issues arise.

But the default legal position is:

joint account → surviving holder owns it.

Funeral costs are normally payable from the estate before distribution, not automatically by beneficiaries personally.

⸻

4) Other bank accounts

Generally yes.

Accounts solely in PD’s name:

• form part of the estate,
• and should not simply be appropriated informally.

Executors have a duty to:

• collect,
• preserve,
• and account for estate assets.

⸻

5) Do executors have the right to know about accounts?

Yes.

Acting executors are normally entitled to:

• details of estate assets and liabilities,
• balances,
• statements,
• valuations.

An executor cannot properly fulfil duties while being deliberately kept uninformed.

⸻

6) The car

Ownership depends on:

• whose name it was registered/insured/paid for under,
• not just verbal assertions.

Important:

• DVLA registration is not conclusive ownership evidence,
• but it helps.

If the car was genuinely PD’s:

• it likely forms part of the estate.

If SM alleges joint ownership:

• evidence becomes important.

⸻

7) Loans from the trust to SM

Usually trustees must act jointly unless the trust document specifically allows otherwise.

So ordinarily:

• one trustee should not unilaterally approve trust loans.

You really need the trust wording reviewed carefully here.

⸻

8) Changing SM’s will

Yes, generally:

• SM can leave her estate however she wishes.

A future challenge would usually involve arguments such as:

• lack of testamentary capacity,
• undue influence,
• fraud,
• want of knowledge and approval.

Those claims:

• are difficult,
• evidence-heavy,
• emotionally draining,
• and often expensive.

The fact that P and S “would not have behaved that way” unfortunately has little legal relevance.

⸻

9) A “newer will”

If a newer valid will appears:

• it generally supersedes the older will.

However, if it radically departs from:

• long-standing intentions,
• recent statements,
• prior relationships,

…that can raise legitimate questions.

The key issues would become:

• capacity,
• execution formalities,
• undue influence,
• suspicious circumstances.

Not every surprising will is invalid though.

⸻

10) Practical options if SS becomes obstructive

Realistically:

• specialist contentious probate solicitors,
• careful documentation,
• and procedural pressure.

Practical tools include:

• caveats,
• requests for estate accounts,
• applications to court,
• possible executor removal applications in serious cases.

Costs can become very substantial very quickly.

The court strongly dislikes:

• executors behaving improperly,
• concealing assets,
• conflicts of interest,
• or failing to account properly.

Executors can sometimes become personally liable for misconduct.

⸻

11) Using solicitors to administer the estate

This is often the smartest option in hostile family situations.

It:

• creates neutrality,
• reduces suspicion,
• improves audit trail,
• protects executors.

Usually executors appoint solicitors collectively, but even one executor can often instruct solicitors initially.

A professional executor can sometimes later be appointed if relations fully collapse.

⸻

12) Beneficiaries’ rights to see workings/accounts

Beneficiaries are usually entitled to:

• estate accounts,
• and reasonable information.

Executors are fiduciaries, not absolute rulers.

Residual beneficiaries especially often have rights to:

• understand how figures were calculated,
• distributions made,
• expenses incurred.

⸻

13) My practical suggestions

Honestly, the biggest risks here are:

• emotion,
• mistrust,
• and informal behaviour.

My suggestions:

✅ 1. Enter a caveat if genuinely concerned

Especially if:

• documents may appear/disappear,
• or executors may be bypassed.

✅ 2. Keep everything in writing

Email > phone calls.

Create:

• timeline,
• copies,
• screenshots,
• notes of conversations.

✅ 3. Don’t accuse too aggressively too early

Even if suspicions are strong.

Courts dislike:

• inflammatory family warfare,
• especially without evidence.

✅ 4. Push for neutral professional administration

This is often the best outcome.

✅ 5. Get proper legal advice early

Contentious probate is very procedural.
Early strategy matters hugely.

⸻

Most important point

At the moment, based only on what you’ve written:

• there are enough concerns that P and S are sensible to be cautious,
• but not enough to assume wrongdoing is definitely occurring.

That distinction matters strategically and legally.

[Mr E]

Sorry for your loss.

I am not a legal type.

From memory, and given Sunday night this could be wrong Make no decisions and seek proper insured counsel.

1) all of the executors apply for probate together. Anyone can raise a stop if they have concerns.

https://www.gov.uk/stop-probate-application

In the case of multiple executors and some wishing to allow one person to apply, they can reserve power to allow that. This simplifies the signing of forms etc. which was useful in my case.

2) all executors are involved unless they chose to reserve power

3) joint accounts are now owned by the surviving party. The estate of the deceased usually pays for the funeral (indeed, usually the only money the bank will release without probate). The argument of how lavish that is is something that I don’t envy you having.

4) yes. The executors should inform the various banks of the death. They will block access to the accounts and provide valuations on the date of death.

As an aside, there’s a “tell us once” service that makes a lot of this easy. Don’t ring the standard customer support lines, ring the bereavement lines (most company’s have them and all banks will). There are less waiting, and the folks on the other end know the process and help you through it.

5) yes. They will be unable to complete probate without knowing this.

6) fairly difficult to prove “not owned by both parties” even if you wanted to (do you?). Likely to become an asset of the surviving spouse (as does the telly, all of the furniture etc)

7) specific legal advice needed. Depends how you define the trust I guess. Sounds like something that should be avoided at all costs frankly.

8) honestly, none of your or anybody else’s business unless you genuinely think there’s coercion.

9) yuck. If there is such a document and it’s real, then it supersedes. Only you know how likely that is frankly. Falsifying such a document is a pretty serious offence (morally more than anything else)

10/11) if some of the executors start playing silly buggers, I suspect you could agree to all reserve power and use a neutral 3rd party. This may not be cheap. It might be money well spent.

12) certainly. In fact I think they should insist on it. I maintained a drive of docs etc and all parties could review/query my work.

13) stay as far away as possible. Support those doing the work. Hold your head in your hands as otherwise sensible human beings turn into nasty bits of work at the sniff of a bit of someone else’s money.

At some point, the children who now own half a house will need to update land registry. They will also need to pay cap gains on the difference between the value now and whatever they sell for in the future.

[Alex Z]

Thanks for the thoughtful replies. Very much appreciated.

Edited by Alex Z on Monday 11th May 06:12

[alscar]

Wills are usually pretty straightforward especially if professionally written , its family and the word money that then complicates things !
The will is the last wishes of the deceased and not what any of the beneficiaries would have preferred to see written down.
It might have been easier to post a copy with redactions as can't help feel things are missing off your already lengthy post.
However given this is your wife's issue I think the best advice would be for her and the other Executors to place the estate into the hands of a Solicitor.
Whilst the Executors can do some of the lifting ie employ the Solicitors on a menu basis ( which would limit the cost ) as opposed to full estate administration ,it does indeed sound as if they would be better placed to deal with this.
I have been involved in quite a few estates both as beneficiary , Executor and " litigation friend ", some have been incredibly simple and not requiring even probate or indeed any Solicitor's assistance but one in particular has ended up in court using a barrister with all the associated costs and timelines that you might expect -8 years and counting !
There are multiple posts on PH about family and wills and yours appears no different.
Best of luck to your wife ( and you ) in resolving.

[NortonES2]

Mr E said:

3) The estate of the deceased usually pays for the funeral (indeed, usually the only money the bank will release without probate).

Not true, it varies by bank but they have a limit which if exceeded then probate is needed this is usually around 20K to 30K