Impossible Beneficiaries

[Donchik]

Dear all,

I have been the executor of my fathers estate, and believed I had finished all activities. I closed off the administration once HMRC confirmed their satisfaction with the final tax payments etc.

Several months after this one of the Beneficiaries has started making allegations of negligence. I asked for the Beneficiary to tell me what was wrong so that I could either resolve it, or refute it, but the Beneficiary has repeatedly refused to tell me what I have done wrong.

I now find myself receiving solicitors letters still making these allegations, and still refusing to tell me what I've supposed to have done wrong.

I need to get his stopped, can the courts order the Beneficiary to desist with these unfounded allegations, or can I force the Beneficiary to tell me what I'm supposed to have done wrong?

Because of the repeated refusal to justify these allegations would this be grounds for a claim of harassment?

Any advise welcome.

Thanks

[Amethyst]

I think we'd need to know exactly what these letters from their solicitors are saying. They can't just accuse you of 'negligence' without giving any details of what the negligence is meant to be, what it is supposed to have affected etc. It could be anything really, failing to protect or distribute the assets correctly, using assets for yourself, not following the law or the terms of the will.... have there been any large claims against the estate that should not necessarily have been paid before distribution to the beneficiaries ? anything like that ? Have the beneficiaries received their inheritances ?

[Donchik]

Hi Amethyst,

This is exactly the problem, even the solicitor's letters refuse to explain what I am supposed to have done wrong. I have requested this from both the Beneficiaries and their solicitor but I'm just getting evasion.

All the Beneficiaries have received their inheritances and I'd closed off the administration. Now it looks like I'll need to reopen it to contest/defend this

My original solicitor who guided me through the administration is convinced I've done everything correctly.

Thanks,
D.

[Amethyst]

Is the beneficiary threatening to take their allegations to court ? It really might help if you can paste the text of the letter to see exactly what they are saying. Remember just because they are using a solicitor doesn't make their challenge / complaint valid .

[Donchik]

Hi Amethyst,

Some aspects I cannot make public, but the Beneficiaries are unhappy because after the completion of the administration we all share part of the estate, as the will dictated.

We were unable to agree how to apportion the costs of the ongoing ownership, and thus were unable to proceed to liquidate the estate. This should have no bearing on the administration, however the Beneficiaries now claim this "(My) conduct as executor of (The) estate clearly indicates a breach of duty"

I do not understand why they will not tell me what I am supposed to have done wrong. It may be this is just a ploy to try and force my hand over the estate. The failure to tell me removes any chance that I might correct any perceived wrongdoing, thus leaving me in some kind of limbo.

Is it acceptable to make allegations and then refuse to either withdraw them, or explain them?

Cheers,
D.

[Peridot]

Hi Donchick,
Sorry I am slightly confused here. You indicate the administration of the estate had been finalised but then you seem to say that some of the estate had not been liquidated due to a disagreement over apportioning costs of ownership. I'm afraid in order to point you in the right direction we need a lot more information about the 'asset' that was not liquidated, what costs of ownership you allude to and how the will actually divided the assets.
I can't see how the estate has been finalised in relation to the administration if there is anything outstanding to deal with which appears to be what you allude to?

[Donchik]

Hi Peridot,
Sorry for delay responding I've been on vacation.
I understand your confusion, all of the estate administration has been completed, and HMRC have signed off on the estate accounts/expenses etc.
After this several family members own varying shares of the estate they inherited (Property). This aspect should have nothing to do with the administration, however it appears to be that these allegations are being made maliciously due to our inability to co-operate as joint owners.
Hope that clarifies a bit.
D.

[Peridot]

Sorry Donchik,
it doesn’t really help I’m afraid. The transfer of portions of the property under the Will is part of the administration. If you could try and answer the questions in the post 6 maybe we can help?

[Donchik]

Hi Peridot,
Sorry I can't make it clearer. Administration is complete. After this a beneficiary has decided to allege a breach of duty as executor.
Reason for this is not important, but is related to a dispute that is only applicable AFTER the completion of the administration.
Thanks,
D

[Peridot]

It does however depend on what was gifted under the Will. The cost of dealing with any transfer in title etc should be bourne by the estate. If this is another arrangement altering the will then there may be an argument for payment of any costs of dealing being organised differently. Hence the need to understand more about the situation.

[Donchik]

Hi Peridot,
Sorry but we've drifted entirely off topic. Can we return to my post [1] and forget all the interim discussions. I really just need to know what I can do to stop malicious allegations from a beneficiary after completion of administration.
Cheers,
D.

[Peridot]

Hi Donchik,
it is rather difficult to point you in the right direction without knowing what the allegations are, as you are finding yourself. If they are alleging that something was not done correctly during the administration then you need confirmation of what that is before you can deal with it. I think your indication that certain costs were not dealt with as part of property transfers could be the issue?
Did you provide the residuary beneficiaries with a copy of the estate accounts before making the distributions? It may be sensible to do this if you haven’t already and in the meantime contact the solicitors they have instructed asking them again to clarify what the issue is.
if that sheds no further light I would suggest taking some face to face advice yourself, taking all the relevant documentation with you.
Sorry I can’t be more helpful but without all the details it is hard to see what they are suggesting and how you could deal with it.

[PaulR986]

Surely the thing to do is nothing at the moment - let them send letters making unsubstantiated accusations - which I appreciate is annoying.

In the end, failing any response from you, they will a) desist or b) put their money where their mouth is and actually DO something at which point come back and the legal experts here will advise.