Executor - Pressure From Beneficiaries

[Teria92]

Hi there,

Secondary to my post earlier, I have a further question.

I am acting as the executor of my father's estate (Scotland). Long story short; funds were removed from my father's bank account a couple of days after his death. The person who has removed the funds (let's call them person A) has agreed to pay back 80% of what they removed. They believe that my father was indebted to them, equalling around 20% of what they removed, and are looking to keep this - I agree that this would be reasonable.

The disagreement comes from a family member (let's call them person B) who would like to continue to pursue for the full amount, even though this would be contrary to our interests, as the costs involved in doing so would far exceed the 20% not being paid back, although person B is driven almost wholly by vengeance against person A, despite further pursuit being impractical.

Also, person B is my sister (and, obviously, not the executor).

So, my questions:

1) Am I, the executor, fully responsible for accepting the offer from the 3rd party? Would this need the family member's consent? Can I simply accept this offer to tie up my father's estate from person A, without considering the opinion of person B?

2) In the settlement letter from the lawyer of person A offering to pay back 80%, both myself and person B are named as the other party. Why would this be the case if I'm the executor?

3) If the answer to 1) is that I *would* require person B's consent, I would not wish to be involved in racking up costs for such a legal case, and as such would no longer wish to continue as executor. How can I go about passing this on to the family member?

Any help would be appreciated.

Thanks.

[des8]

sederunt might be able to advise

Presumably you are Executive dative.

Has anybody told person A that it is illegal to remove funds from a bank account after the holder has died?
As executor you are responsible for collecting in and safeguarding all assets until distribution
If person A claims they are a creditor of the estate they need to provide evidence of this to the executor, not just help themselves!
What will you do if other creditors, as yet unknown, present claims which exceed the assets of the estate?
As executor you will find yourself in a difficult position as you will be personally liable for the shortfall .

I would be replying to that solicitor requesting return of all the assets, but wait to see if others have comments to make

[dslippy]

Not really viable if you have a beneficiary who objects. Get them talking to each other.

[Teria92]

des8 - thanks for the reply

Yes absolutely this is illegal. According to me, my dad's bank, my solicitor, and just about everyone else I can think of!

But not the police.

3 times they have refused to deal with the case. Calling it a civil matter. A serious misunderstanding of the situation - but they've washed their hands of it and want nothing to do with it.

[des8]

In an earlier thread you suggested the estate could be insolvent.
you might find this article helpful: https://www.thegazette.co.uk/all-notices/content/100280

[sederunt]

Teria92 You did not respond to the question on your other thread regarding your appointment as executor.

You say you are acting as executor. You say your sister is obviously not the executor, even though she has the same entitlement to be executor as you do.

Have you been decerned executor or are you self-describing yourself as executor and are without appointment? Your status is relevant to some of the questions you ask.