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Executor Issues

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  • Executor Issues

    In July last year a relative sadly passed away. I've got a copy of probate and the will and I am the sole residual beneficary of the estate, but other beneficaries have been given gifts in the will.

    The information on the probate form is significangtly understating the value of the estate, which I was surprised at. Probate was granted in Feb 2020 and I received a much much smaller amount than I was expecting in September.

    Post receiving this I have asked the executors to see the inventory and account as I am entitled to. However, It seems they are now wanting to gather more bank statements etc and are refusing to provide any information until they have contacted every bank in the UK.

    Has anyone got any ideas on the best way forward? I know I can apply for a inventory and account order from the probate registry but I wasn't sure how long I should give them to provide it? Do I need to send them a recorded letter, as proof of requesting and give them 14 days?

    If I applied for a I&A order does anyone know how much this is likely to cost?

    Tags: None

  • #2
    I've read on a few similar threads that I need to send a request for the I&A, can anyone confirm would sending a letter request by recorded mail satisfy this requirement?

    Comment


    • #3
      you would not need to send the request "signed for". Ordinary first class with a free certificate of posting is sufficient.

      When you send the application to the registry it has to be accompanied by an affidavit that (among the other requirements) the I&A was requested and ignored.
      That is sufficient

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      • #4
        That's great thanks, appreciate the reply

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        • #5
          Im trying to get organised and get the summons form the probate office, however the guy at the Manchester one is saying they don't supply it and I need to supply it?

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          • #6

            The form is obtainable from the Probate Registry office that granted probate and headed: " Summons Form".
            It does not appear to be available as a download, and I have heard that some registries require a request in writing!

            Comment


            • #7
              This is still ongoing but as it does drag on it seems more thank likely that I will find issues once I receive the estate accounts.

              . If I do, what are my routes to rectify any issues I do find? Do i need to try and get the executors taken off? Or can I take them to small claims court?

              Comment


              • #8
                Until you have identified any discrepancy it is difficult to give pointers to what would be appropriate action.

                However if you believe the estate has not been administered correctly you could bring a claim against the executor(s) personally as opposed to the estate, and ask for the estate to be restored. In effect, as the estate has been distributed you would be seeking remuneration from the executor

                I'm thinking you are of the opinion that property in the estate was disposed of at undervalue this is known as Devastavit which is mismanagement or laying waste of the estate.
                To make a claim on this basis would be under section 25 of the Administration of Estates Act 1925 in the Probate Registry of the High Court

                If, having seen the Inventory &accounts, you decide to go down this route I would advise you seek professional assistance.
                There are strict protocols to be followed, as well as requirements covering exchange of information between concerned parties,
                Get it wrong and you could be facing an extremely large adverse costs award

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                • #9
                  Thanks DES8, no actual property was included in the estate.

                  I've still not seen the I&A but i believe the actual distribution to be wrong based on what has been said and now the executor has said they are charging for their own time, which I don't think they can do.

                  I have been promised information soon, however that has been said before!!

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                  • #10
                    When I mentioned "property" it was as opposed to "real property" but perhaps i should have just said "assets"

                    Distribution should follow as per the instructions in the will, unless there has been an agreed variation or direction by the court.

                    A lay executor cannot charge for anything other than actual costs (so not for their time)

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                    • #11
                      That makes sense but the estate was made up of cash, so should not have been the most complicated.

                      That was my understanding and I have told them that as well.

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                      • #12
                        I've left this for quite a while, hoping that the executor will provide the estate accounts, they did start to make it seem like they will provide this but I've decided that it's just time wasting tactics... I've got the summons form and I'm currently filling it out. I've contacted a local solicitor but they wanted around 1.5k to seek an account and inventory order - which seems like a lot! Any views? Can I not fill this out and then get any solicitor to approve it?

                        Comment


                        • #13
                          I would suggest you complete it and then arrange to swear your affidavit in front of a solicitor (?c 10).
                          You could ask him to cast an eye over your form, and you might strike lucky!
                          No need for him to approve it, butbe useful if he could point out any glaring errors

                          Comment


                          • #14
                            The executor is still stalling suggesting that they need information from a relative (spouse) as to what happened to certain items before the deceased died, several months before they died including selling a car to pay off debts and the normal monthly household payments. They refuse to accept that the deceased still needed to pay bills - is this unusaul?

                            It's been like this for about a year now and they are going to use this as a defence to not providing the information - They have been provided with detail but are refusing to accept it or take it any further forward.

                            Comment


                            • #15
                              I don't think there is anything usual in the settling of any estate, they all seem to have different quirks!

                              i know that sometimes it takes time to obtain all that is required to finalise an estate, but the executor here seems to have finalised the matter (you as residuary beneficiary have been given a final payment, but how could he do that without the deytails he is still trying to obtain?)

                              You must decide whether or not to proceed with your application for an inventory and accounts now or to leave it longer

                              Comment

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