The sole beneficiary (who is also co-executor with the partners in the firm I work for), let’s call her ‘B’, indicated months ago in a letter, that she wished to act as executor in her late father’s estate. However since then she has not replied to further efforts to communicate with her. I have been told by distant family that she has mental health issues.
The partners wish to proceed with an application for a Grant of Probate with power reserved to B. The problem the partners have is that they do not know exactly what assets are in the estate. Has anyone experienced this problem before, and is anyone aware of some kind of order that can be applied for through the court, to obtain information about assets in an estate?
The first thing to consider is whether the partners in the firm want to take on their role as executors. If things could get a bit tricky they might want to consider renouncing (assuming they have not ‘intermeddled’ in the estate as things stand).
When you refer to an order from the court for information about the deceased estate - presumably you are referring to some sort of order for the daughter to provide any information she has. What is she doesn’t have any information?
If the partners wish to take on their role and especially If the estate is likely to be taxable then presumably they nee to get on with things - you indicated that months have already passed. The issue of property (buildings) insurance would be an immediate concern of mine.
Does the daughter live in the deceased’s property? If not, and on the basis that an executors authority stems from the Will, could the partners arrange to visit the deceased’s property with a locksmith to gain access and to collect paperwork which may assist them in piecing together the assets of the estate (having first written to the daughter to advise of the steps they are proposing to take)?
They could register the death with the Death Notification Service which lots of banks and other financial institutions now subscribe to and could also undertake an asset search which may reveal the existence of other unknown accounts/investments.
The daughter lives in the deceased’s property, this is the crux of the problem which you have mentioned.
In terms of a court order, I was thinking of some kind of order to gain access to the property, in order to then retrieve information about assets from paperwork at the property (assuming there is any). Maybe seeking directions from the court would be the best route.
I would not advise a forced entry unless absolutely certain there is no-one on the premises (whether living there or not is immaterial). See section 6 of the Criminal Law Act 1977. Also bear in mind that as an executrix she has as much right to enter and to take any papers on the premises as do the other executors.