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Executor Issues

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  • #16
    They are refusing to provide any information until they have the information they need. However, I have provided them with line by line details of what they need 4-5 times, so I'm stuck.

    One of the lines they are questioning is a monthly payment into the spouses account for the deceased share of mortgages, gas etc while they were still alive. Unless I'm wrong the estate isn't formed until death and the decreased still had liability until then? Another line is an asset was sold and then given to the spouse to pay off debts for a new sofa (this was all done 3-4 months before the deceased died).

    I'm not sure what else they need, if they feel its against the law then they need to take action to recover monies owed - my view is that it was done before the estate was formed and the person was in a good state mentally, so I don't think it should be any business of the executors.


    • #17
      The executor seems to be overthinking his duties.
      He does need to account to HMRC for any large gifts (total over 3000 p.a.) made in the seven years prior to the testator's death, but that is about it.
      Assets and formal debts need to be accounted for, informal debts are probably uncollectable and should be ignored.
      If he suspects there has been wrongdoing he should inform the relevant authorities.
      If he discovers further assets he might have to notify HMRC and amend the grant of probate, plus of course distribute to the appropriate beneficiaries


      • #18
        They are just trying to string me along, so I'm not sure I have much choice but to put in a summons. I've reviewed the grant of probate and it says zero funds but I know that the estate had several hundred to distribute, as they have sent me some details years ago now.


        • #19
          I'm just filling in the summons and I'm not sure how much detail to go into on this section - "State what you believe the person named on the grant has or has not done and why they should file an Inventory and Account"

          Do I go into much detail or just state that as residual beneficiary I have requested and have not received any information?


          • #20
            List in bullet points where you think the executor has acted improperly
            E.g. you mentioned you thought the actual distribution to be wrong[ based on the will?]
            the lay executor has said they are charging for their own time.
            he has declined to issue you, a residuary beneficiary, with a final estate accounting

            etc etc

            PS don't forget your affidavit


            • #21
              A quick update - the courts system is woeful and it took nearly 18 months to get this to the place that I now need to personally serve the order.

              I live a long way from the person, I'm assuming I can use a service to personally deliver? looks like its c100. Any advice on decent companies?

              Thanks for the help DES8


              • #22
                Thanks for update and agree the time delays are horrendous.

                I doubt anyone will make recommendations regarding process servers.
                I have had no experience of them


                • #23
                  Find a process server who will provide a certificate of service. You will need to file this with the court to prove service, should you need to take action to enforce compliance/sanction non compliance with the order.
                  Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

                  Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf


                  • #24
                    Thanks both, great help as always


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