No this hasn't happened but I'm worried as Executor hasn't applied for probate yet but is currently stating she can remortgage against the house and is currently discussing building on the back of the property with a sibling of mine so I was wondering if she can do that. No one has seen the the will but in process now of trying to obtain it. When probate is granted can she remortgage without all benefactors permission?And does title go only in Executors name or all benefactors?That doesn't sound right to me.
Are you saying this has happened? If so what is the money to be used for? Is there a challenge to the will?
As to the distribution to the beneficiaries.
That depends on the wording of the will, but most likely if nobody has a right to reside in the home it is sold and distributed.
Thanks for reply Sarah J I've already had a senior paralegal write a request for copy of mums will but Executor hasn't responded within the 7 days given.Executor won't even communicate with me so I'm grappling weather to take further action and apply to the court for copy of will. Since Executor is my sister I really don't want to take her to court. Mum left house to 8 siblings but currently one sister is living in property. I think Executor wants to remortgage so that my brother can build on back of property. But what about the other 6 Benefactor's I feel its very unfair especially when she's not doin the right thing by replying to my request of copy of will. Can she get away with not applying for probate? don't know what to do? Mum passed away in May 2014 so I think she has 12 months to apply for probate. If she has title to house can she sell or loan money against house? Your opinion would be greatly appreciated Sarah J.Hi Chloe2u,
Generally, an executor should not be dealing with any of the testator's (deceased person) property until probate is granted. This is because, the court must decide whether the will is the valid and final version and whether the appointment of the executor (and beneficiaries) was not done under suspicious circumstances or under any other factors that might suggest lack of testamentary capacity (i.e. the testator did not make the will out of his or her own free volition).
In regards to whether or not the executor can remortgage the house, was the house left to the beneficiary "free of all charges"? If so, the beneficiary takes the house (assuming probate has been granted) and the executor must raise the repayment of the mortgage some other way.
Why is the executor trying to remortgage the house? Is it to pay off funeral expenses, administrative costs, debtors etc?
As Winston said, you really do need to get a copy of the will. As a beneficiary, you are entitled to request a copy of the will.