DeltaXRay The case I have referred to would be in England & Wales jurisdiction. And thanks for your interest in my post.

Thanks, DeltaXRay. Love the handle btw! Yes, I'm afraid this is a classic example - or at least looks like being - of a frenzied scramble for money on the death of a relative. Money, or the acquisition of it, brings out the very worst characteristics in people. I must be careful what I say, of course, but the beneficiary here ( A committed Christian, acting for all the right reasons) brought a great deal of joy into the elderly relative's life after their spouse died, whereas the Executor and their spouse were in fact extremely cruel and uncompromising. The Will was clearly the relative's way of rewarding the beneficiary and I guess to some extent paying back the Executor for what they evidently perceived as neglect and unnecessary unpleasantness. It is interesting these days that some people actually use their Last Will and Testament to 'hit back' at relatives and settle old lifetime issues, as it were, from the grave.

Thanks very much Mr.P, you provide a succinct answer. I had omitted to mention that the estate in question is well below the Nil Rate Band. You indicate that there is no real time limit, and that is quite a concern because, in this particular instance, the elderly friends of the deceased relative are not in good health. If they were to pass away ( and there is only one) the 'non-executor beneficiary' would have no-one who knew the circumstances at first hand to state that the Testator wanted them to benefit to the degree specified in the Will for good reason. In other words, for example,a claim of undue influence could not easily be rebutted without their testimony. It seems remarkable that it is possible for an Executor simply to drag their heels inexorably, and consequently the beneficiary be caused to lose out. This state of affairs bears out my suspicion that the Executor is deliberately holding back on the basis that the beneficiary who in some respects is a 'vulnerable' person, would probably be inclined to capitulate if challenged over their share of the Will proceeds.

]In a case involving the family, a close relative of mine has almost certainly been unexpectedly included in a elderly relative's Will to the tune of many thousands of pounds. A substantial sum. However, the elderly relative passed away earlier this year, and the sole executor, the only offspring has subsequently delayed the process of probate, to the extent he has not yet made an application. This intelligence is borne out by the online probate registry which as yet is not showing any reference to any application, and therefore no information on the Will. The Executor would have been expecting to inherit the whole estate from his sole surviving parent, and would therefore have been extremely upset when he read the Will to discover that he had not in fact inherited everything. Indeed a sizeable chunk, close to a six fire sum, had been allocated elsewhere. I cannot find any definitive information about this scenario. What happens if the Executor simply declines to register the Will? Does that mean eventually he can claim there was no will/the will was not valid - it is his responsibility as I understand it for him to prove it is valid if there are questions marks ( and it is in his interests to indicate there are); does 'intestacy' rules then kick in, in which case he would stand to gain everything as if the Testator's instructions were set aside. Is there a time period during which an Executor is legally obliged to make the application? I cannot find any reference to this. And finally, is it possible to somehow 'contest' the will, perhaps argue it is invalid ( undue influence etc. or something along similar lines) before it is even necessary to apply for probate, get the Will effectively invalidated, and then claim as the Testaors only immediate relative/offspring of the Testator the inheritance under intestacy provisions? Or, could it be explained that the main assets a property, currently on a leased tenancy cannot be sold until the tenancy is terminated, and that is the reason why the Executor is holding back. I detect a pungent odour of rodent in this current scenario, and that the Executor is cooking something up, but what?

Hi Pupter Sorry to be responding after such a long time, but how did this resolve itself? I'm intrigued because I have a very similar scenario arise with a very close relative of mine, who stands to gain a lot of money from an Aunt who died, but the sole Executor was expecting to inherit the entire estate and so will be mightily peeved that the Aunt has left a significant sum to someone else. He has delayed in applying for probate and there is a distinct odour of rodent in the air....I wonder, how do you coyest a will if the will has not been formally processed through the system. Can he argue there is no will, or perhaps claim it is invalid, so that the laws of intestacy might just allow him to receive all of the estate anyway?