probate on a will

Miname

Hi all, a relative has asked me for advice on a matter on a matter i have absolutaley no info, but i did tell him to get a solicitor before anyone starts. i did however tell him i would check out on the computer so here i am.
His father passed away nearly five years ago and left a fairly sizeable property. His older brother was left as executor of the will but has not put it through probate. he contacted the solicitor that was dealing with the will and was told that there was nothing he could do without his older brothers (the executors) consent. However since the willl has not gone to probate he is not entitled to find out where he stands in regard to the will. The executor isnt talking to any of the rest of the family and has more or less barred them all from coming around the home (which was his parents). Where should he go from here without getting into a lenghty legal battle, he wants a quiet life however as you can imagine he also wants to get this sorted. thanks.

Atlantic Dawn

Legal action could be taken as they are obliged to distribute the assets as soon as possible after the death, perhaps your friend should send them a solicitors letter asking when it will be processed, more info here....

http://www.citizensinformation.ie/en/death/the_deceaseds_estate/dealing_with_the_deceaseds_estate.html

Duties of Executor/Administrators

Generally, you are obliged to distribute the assets as soon as possible after the death (within a year if possible - you may be sued by the beneficiaries if you do not distribute the estate within a year). This may not be possible if there are legal issues to be decided).
You are under a duty to preserve the assets of the deceased until they are distributed and to protect the assets from devaluation. For example, you should make sure that all assets required to be insured are insured for their market value.
You have power to:

• deal with the estate (for example, to sell it to pay debts or distribute amongst beneficiaries)
• represent the deceased in legal actions and to settle legal actions against the deceased's estate

You must:

• gather together and protect all the deceased's assets such as money, shares and property and find out their combined value
• call in any outstanding funds due (money owing to the deceased)
• pay any debts or taxes owed
• pay the funeral expenses
• make sure that the spouse/civil partner and children know about their legal right share
• make sure the entitled beneficiaries or next of kin get what they are entitled to, and that ownership of property is passed on correctly.