Thanks again for speaking with me today. I will set out the process for you or that would be adopted in prompting the executor to act. As discussed however, ultimately you must be prepared to act or assume the duties of the executor if it is that the executor fails to enter an appearance. The process is not at all straightforward and I would recommend that you instruct a solicitor to assist with the process.
1. A caveat must first be entered. This prevents a Grant of Probate from being issued. This usually last for 6 months but an application can be made for an extension.
You may apply for caveat here:
2. A draft of the citation must then be prepared and lodged with the probate registry together with a copy of the following:
- The Will (usually this would be included. However in your statement in support you may state that you are a beneficiary to the estate but that a copy of the will was not given to you);
- Witness statement in support of the application; and
- £12.00 fee.
The citation and affidavit requires some amount of drafting. I recommend having a solicitor help you here.
You may find a solicitor by clicking on the below link. Select the option Will/probate and input your postcode.
3. The citation and supporting documents will be served on the executor.
4.Once served an affidavit of service must be filed with the Court confirming that service has taken place.
The Citee has eight days from the date of service to enter an appearance with the registry.