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Distribution of estate

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  • Distribution of estate

    Hi everyone,
    My aunt died over 4 years ago and left her nephews and nieces (I'm one of the nephews) a fixed legacy and share in the rest of her estate. Probate has been granted, HMRC paid and most of her estate settled other than a piece of land that has been through all sorts of legal wranglings (adverse possession). The land is not yet on the market to be sold.

    The executor is the firm of solicitors who set up her will. Following my request, the legacies were distributed 2 years ago. However, I have asked for interim distributions of the rest of the estate that has been settled in advance of the land being sold and the executor has refused. They have also refused to tell me the value of the estate settled so far. I have a good idea what this is (c 150-200k) as I was attorney for my aunt's financial affairs under an LPA prior to her death. The land is worth c.60k so much smaller An added complication is that I asked the executor over a year ago to amend the shares in the estate as two beneficiaries took monies prior to my aunt's death that they were not entitled to and HMRC has stated that these were not gifts (IHT has been added). They are "considering the matter"

    I want to know whether the executor can withhold financial information about the estate, whether I have a case for speeding things up given the very long time the estate has taken to be fully settled (my aunt died in December 2015) and whether I should be concerned about the monies. I don't want to go through the process of trying to change the executor. I have also tried the Solicitors Regulatory Authority who could only suggest I complain to the executor but I'm worried about prejudicing my request to amend the share of the estate.

    Any answers, hints or suggestions would be very gratefully received.
    Thanks
    Tags: None

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