Executor withholding money

[Neenypoo]

Hi, I’m just looking for a bit of advice please. Trying to keep it short as possible. My grandparents died a year apart. Grandad will said if he went first his money would be put in a trust. It was. A year later grandma died. Was kept in the dark by executors about what was happening with the will etc. Didn’t even know if I was in it. Anyway, I was and we received a cheque for my grandads part of the money. The letter that came with it stated I wouldn’t be recieving any of grandmas money as some of her belongings were missing. No idea what that would be as no one has mentioned anything about it. However, some of her belongings have been distributed already so I’ve no idea why some can be given out, yet money can’t be as other things are missing? Is this something they can do? No money is missing so surely it should be given out also? Thanks for the help in advance

[charitynjw]

Grandma's executors.....are they beneficiaries?

[Neenypoo]

Yes they are also beneficiaries

[charitynjw]

How long has it been since grandma's demise?
& how complex is her estate?

[Neenypoo]

It’s been just over a year since she died, and her estate is all wrapped up. Money is sitting in the account ready for distribution

[charitynjw]

It would seem that something is amiss here. Executors/administrators are responsible for the safekeeping of assets. I would think that the court would have a very dim view of the withholding of money in this way.
It sounds as if the 'executor's year' is now ended.
If it were me, in the first instance I would be politely but firmly asking the executors in writing for an inventory and account in respect of the administration of the estate to be given forthwith, as you are very concerned re the allegations of estate assets disappearing.
Keep a copy of it, & if sent via land mail, get proof of sending (ie free certificate of posting at Post Office, or SignedFor etc).

[Neenypoo]

Thank you, I will do this right away

[charitynjw]

Peridot

des8

(For wiser & better-looking input )

My thinking is that if the executor fails or refuses to cough up, this could open the way to a court application under s25 Administration of Estates Act 1925, with the possibility of recovering costs by virtue of Royal National Lifeboat Institution & Ors v Headley & Anor [2016] EWHC 1948 (Ch) (28 July 2016)

[des8]

Have you seen a copy of the wills?
Assuming probate was granted copies can be obtained here: https://www.gov.uk/wills-probate-inh...robate-records
Do you know if you were due to receive a specific legacy or were a residuary beneficiary?
if it was a specific legacy of money, interest (but not a lot!) will be due on monies unpaid one year after death of the testator.

[Peridot]

I think all bits covered so far. Once you can let us know exactly what the Wills have left you, both Grandad's and Grandma's, we may be able to point you in the right direction a bit more.

[Neenypoo]

Hi, yes I’ve seen the probates for both wills. They’re pretty much identical with slightly different amounts of money. I’ve already recieved money from grandad, it’s just grandmas being held back. The money was to be split between 8 of us with 6 of us recieving 2 shares, if ive explained that right. I did the 30 minutes free with a solicitor last week on Thursday, she also advised asking the solicitors dealing with the estate on behalf of the executor, asking him for a copy of the estate accounts as we’ve now been asked to sign a letter to say we accept the amount given to us from grandads will. And also asking about the missing items and what they are doing to recover them. I’ve been ignored. It’s been 8 days since I emailed and no reply or phone call *♀️

[charitynjw]

Hi, yes I’ve seen the probates for both wills. They’re pretty much identical with slightly different amounts of money. I’ve already recieved money from grandad, it’s just grandmas being held back. The money was to be split between 8 of us with 6 of us recieving 2 shares, if ive explained that right. I did the 30 minutes free with a solicitor last week on Thursday, she also advised asking the solicitors dealing with the estate on behalf of the executor, asking him for a copy of the estate accounts as we’ve now been asked to sign a letter to say we accept the amount given to us from grandads will. And also asking about the missing items and what they are doing to recover them. I’ve been ignored. It’s been 8 days since I emailed and no reply or phone call *♀️

If it were me I would want to see & verify figures before signing anything.

[des8]

" It’s been 8 days since I emailed and no reply or phone call *♀️"

Wouldn't expect a response yet.
Solicitors are rarely in a hurry, and he needs to contact the executor to ask about the missing items.
It all takes time, which seems ages when you are the one seeking answers!

[Neenypoo]

Hi, so I have further update. It appears some jewellery can’t be accounted for. They can’t tell me what jewellery is missing though. They assume it is in my dads possession, I’ve asked he said he doesn’t know about any jewellery though. So what do I do now? Executors, again, are ignoring emails and my concern is what if this jewellery never shows up? Can they just forever say I can’t have my inheritance money? I tried to speak to the solicitor that was instructed by the executor to distribute the funds and he was less than helpful and said, no comment, you’re not my client, I don’t have to speak to you and hung up the phone. I honesty don’t know where to go from here

[des8]

When a person dies the executors have to protect the assets of the estate as it stands at the time of the deceased's passing.

The executors in this case are saying there is jewellery missing.
Do they mean that jewellery that was in their possession has gone missing, or jewellery which was previously in the deceased's ownership cannot be traced?
If it is the latter it is presumably possible that it was not in the deceased's ownership at the time of passing and so is not part of the estate.
If it is the former the executors might be personally liable for the loss

As a Beneficiary, you can request an account of the Estate which should outline how much you are due to receive and the progress made in the Estate administration. If refused,you can apply for a Court order so the Executor must produce an inventory and an account of the transactions of the Estate.