executor refusing to sign off accounts

[simonk30]

Hi
I am wondering if anyone can help.my grandad died in May this year and left all his money to me my brother and one of my cousins.

My auntie is the executor and hired a solicitor to get probate and collect all the monies in .

My grandad stupidly left 12 grand in a tin and had two wallets wit a couple of grand in each which my auntie said would be put in a bank account when ready to played out with the rest of the estate .

as the beneficiaries we decided we would split the monies with our other cousins left out of the will one who is the executors daughter.

So after a few months of being told nothing I emailed the solicitor asking if he had been handed over he monies from the tin and wallets to which he said he knew nothing about .he contacted the executor who said it was hers and was left as a life time gift and the solicitor said we had to prove it wasn't which we can't.

So now were at the stage were all monies apart from the monies she has taken in with the solicitor.

Unfortunately we have said tha we will not share the monies with the executors daughter she is keeping the other money

.the solicitor has sent final accounts to the executor who is now refusing to sign them off because she feels were are in the wrong and the solicitor will not meet with me because he says the executor is his client not me


Can anyone advise on what I can do
Thanks
simon

Peridot

[Amethyst]

Is the cousin that was a beneficiary in the will alongside you and your brother the daughter of the executor ?

as the beneficiaries we decided we would split the monies with our other cousins left out of the will one who is the executors daughter.

That answer's that doesn't it … sorry. So the Will only names you, your brother and one cousin as equal residual beneficiaries -- and there are other grandchildren who are not named in the will, however the three beneficiaries have agreed to distribute the residual estate equally amongst all grandchildren?

However since your Aunt took the cash found in the house the three beneficiaries have changed their mind in sharing the estate amongst the other grandchildren ? or just not with the Aunt's daughter ?

[simonk30]

We are sticking to original will. We have made enquiries with her solicitor about the money and he said she claims it is a lifetime gift (it wasnt) so now the accounts are ready she just refuses to sign because we have questioned it all.i have asked to see all the accounts from the solicitor and he said he needs permission from the executor so probably no chance of tha either

[simonk30]

Hi the executor has now signed off the accounts .Now the solicitor says he can not send us the accounts for us to check because he needs authorisation from the executors ? Something just does not seem right with all of this.

[Peridot]

Hi Simonk30,
Are you a residuary beneficiary or were you to receive a specified amount of the estate?
Unfortunately the solicitors acting on behalf of the executor have to take their client's instructions (your Aunt as Executor) Hopefully they would be advising her that estate accounts should be sent to the residuary beneficiaries. The Court's have consistently supported the disclosure of estate accounts to residuary beneficiaries so if you are one (along with your brother and the cousin) it would be open to you to apply to the Courts for them.

It may be sensible for the three of you to write to the solicitor for the executor and indicate that you will be making an application to the Court for which you would claim the costs of so doing from the executor (not the estate). This may be enough to force the executor's hand.

You could bring to their attention the case of

Royal National Lifeboat Institution & Ors v Headley & Anor

In this case the Court ordered copies of the estate accounts to be given to the residuary beneficiaries. As the Court decided the Executor had acted unreasonably they were ordered to pay £8,000 in costs from their own money for not acting on the residuary beneficiaries reasonable requests for the estate accounts.

You should also have been made aware of the solicitors costs for dealing with the estate as a residuary beneficiary maybe something else to bear in mind if this has not been done.

Unfortunately as beneficiaries who are named in a Will to receive a specific sum or item you would not have any right to see the estate accounts. Maybe the three residuary beneficiaries would benefit from a free half hour appt of fixed fee appointment with another solicitor to explore their options at this stage?

[simonk30]

Hi in the will we were left his jewellery and then it states any monies left once all costs are covered wil be split between me my brother and cousin it does not state an amount so does this class us a residual beneficiaries? Or does property need to be involved
thanks
simon

[Peridot]

Hi again,

So you receive a specific legacy of the jewellery but also once the rest of the estate has been sold and gathered in you also receive a share of what is left once all debts and testamentary expenses are paid. If I've understood you correctly you are to receive both a specific legacy and a share of the residue. Is that correct?

The usual residuary beneficiary clause in the Will would be something like:-
'I give to my executors the rest of my estate, anywhere in the World and any property over which I have a general power of appointment to hold it on trust
a. to pay my debts, taxes and funeral and testamentary expenses and
b. to pay the residue to XXXXX; but if this gift fails then
c. to pay the residue to xxxxx etc

There are of course other wordings that can be used but you get the gist. If you are genuinely a residuary beneficiary then my comments at post #5 stands. If you are not a residuary beneficiary then you would not be entitled to a copy of the accounts.

I hope that helps?