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Executors behaving badly!

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  • Executors behaving badly!

    Hi All. My mother died in June 16. In her will she left me her 51% share of a private limited company and the right to buy her property. The directors (there are two of them) and one of them is an executor, transferred the shares to themselves and to one other, the other also being an executor. (There are two executors). I got wind that this might happen and filed a caveat (October 16) which is still in place. So no grant has been obtained.

    The executors are also refusing (verbally) to give me the option to buy her entire property, citing the deeds which show the land and house/garden on seperate deeds. I'm expecting a warning and will then file an apperance but I'm worried that if I lose, my only asset (my house) will be at risk. I can't afford legal representation as I've all ready spent upwards of 10k getting absolutely no where. Your thoughts would be appreciated. Many thanks.
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  • #2
    Hi Mrs Jones,
    Have you seen the most recent Will? I'm not sure I understand the issue over the 'property' if your knowledge of the Will is the correct. Have you obtained official copies of the information held at HMLR? These will confirm who owns what. You need the executors to explain what their understanding of the 'property' is or does the Will confirm this?
    You can obtain the HMLR info here, for a nominal fee:- https://www.gov.uk/get-information-a...h-the-register
    If the Will you are aware of is correct then you will need to 'challenge' the executors and bring an application to force them to comply. I appreciate this can be expensive. Can you borrow money to fund this? If you are successful then the costs may be ordered to be paid by the executors personally if they have not acted appropriately. What did the £10k get spent on? Have you had any formal advice as yet?
    I would strongly recommend you get some advice from a contested probate specialist in this situation if you haven't already.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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    • #3
      Hi Thanks for your post. Yes I have a copy of the will. In my opinion the will is clear. My mother left me the option to buy her property. She owned her house and gardens (under one deed) and adjoining land (a separate deed).
      Im more concerned with where her shares have gone as I've only heard verbally that I won't get the option to buy all her property.
      The money spent was with solicitors trying to get a proper valuation of the shares, which only amount to one lie at present, why the executors/directors felt they could do as they wished with the shares. And questions about the property issue. All to no avail. No questions asked have been answered. One of the executors has alienated the other. But while one is riding rough shod the other appears to be completely inaffectual.

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      • #4
        Hi Mrs Jones,

        Do you know the shares have been transferred to another person or has the executor transferred them to their name as executor of the estate? I appreciate this is potentially expensive and evidently stressful but you really do need a contested probate specialist helping you with this. Once the Grant has been issued then a claim can be made by you whether that be to replace the executors due to a breach of trust of breach of fiduciary duty or an application for the an inventory and account of the estate. At the moment you don't have the facts and are fighting blind.
        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment

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