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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).