Executor Issues

[ExecIssues]

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?

[ExecIssues]

Thanks both, great help as always

[atticus]

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.

[des8]

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

[ExecIssues]

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 c£100. Any advice on decent companies?

Thanks for the help DES8

[des8]

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

[ExecIssues]

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?

[ExecIssues]

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.

[des8]

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

[ExecIssues]

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.

[des8]

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

[ExecIssues]

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.

[des8]

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

[ExecIssues]

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?

[ExecIssues]

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.