Get UK Law Questions Answered by Verified Experts
The beneficiary in question has appointed a solicitor who is asking for a copy of the probate - not a problem although I think they could have got this themselves as it is in the public domain I believe?
All the assets of the Estate are included on the probate as they have to be to satisfy IR. No inheritance tax applied. Probate was granted by IR.
At the time the probate value of the property was much higher than could be achieved as a sale price and this continues to remain the situation. Unfortunately it was just at the time of a dip in UK prices.
His father inherited the 1/3 share in the property from his wife. There was difference in the property price of when he received this from his wife and the probate value at his death. I understand this might attract capital gains tax?
The other main factor is that the other 2 co owners of the property have to agree a the sale price and thus far that hasn't been possible as all offers have been too low for them to consider - not unreasonably either.
I don't think this constitutes misconduct?
Certainly he hasn't stolen from the estate.
Should my husband provide all the beneficiaries with a copy of the probate, not just this one beneficiary?
Also, the solicitor of this particular beneficiary has advised them to make an Application to the Supreme Court to have him removed as executor unless my husband responds within 7 days. They want the estate accounts which will take more than 7 days to prepare.
Thank you Max.
The solicitor quoted Supreme Court in their letter so that seems to have been an error on their part.
Yes I thought they could get a copy of the Probate themselves.