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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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How can an executor wait before applying for probate? Is

Customer Question

How long can an executor wait before applying for probate? Is there any way to find out if I’m a beneficiary of a will if it’s been 20 months?
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

My name is Clare

I shall do my best to help you but I need some further information first

What is your relationship to the deceased and do you know who the Executor is?

Customer: replied 10 months ago.
She is my wife’s aunt although my wife and I are currently going through a divorce process. My wife is the executor along with my brother in law. Suspect she is waiting until after the divorce before applying for probate. Thanks
Expert:  Clare replied 10 months ago.

What assets did the Aunt have?

Customer: replied 10 months ago.
163;4 million in property. There are two aunts that died during our marriage. Both having £4 million in property each.
Customer: replied 10 months ago.
My wife stands to inherit half of this half to her brother and any incidental gifts to others and possibly me.
Expert:  Clare replied 10 months ago.

What matrimonial assets are there and how long have you lived together?

Customer: replied 10 months ago.
163;50,000 in chattels. Married for four years and lived together three years before that. No children.
Expert:  Clare replied 10 months ago.

What about the matrimonial home?

Customer: replied 10 months ago.
The home we lived in together is in a discretionary trust for my brother and I. She has made a financial order that the trustees transfer it to her on the basis that it is the “marital home” I have never owned it legally and am not legally entitled to it.
Expert:  Clare replied 10 months ago.


For clarity do you have any reason to think you are personally named in the Wills or is this just about what she will inherit?