Help please ! Estate Funds - originally posted in wrong thread

[Gina1234]

Hi, can someone advise if as beneficiary to an estate I have a right to ask the estate administrator access to the funds to use for legal aid? My brother has access to all estate funds and is using this for his own solicitor and gain. I have no legal help and not enough funds to pay for my own solicitor. Do I have any right to ask to use the estate funds as he is? The estate funds sign off/approval is now going to high court to be signed off and I have no way of paying for any legal aid.

[des8]

Did you apply to the court for an accounting as suggested on your other thread?

Why are the accounts going to High Court for approval?

No one has the right to use estate funds for their personal gain.
Solicitors costs relating to settlement of the estate are payable, but if the executor has incurred these costs unnecessarily/improperly the court could order the executor refunds the estate
You cannot use estate funds to pay solicitors costs, but the court could order that they be paid from the estate

[Gina1234]

Hi because he stated we couldn’t agree on the draft accounts when I don’t want to agree to something that I think has been untoward. Plus as he is estate administrator I would think he would sign it off not me?

now he has access to pay his solicitor that’s states he is also working on behalf of the estate as administrator! Find it very unfair he has access to thousands of pounds to pay for his legal fees and I have no legal help

[des8]

Is this court hearing following an application by you to the probate registry for an accounting.

[Gina1234]

No application from him to the high court for them to sign off the draft accounts so the monies can be disrupted

[des8]

Executors can apply to the Court for directions regarding how the administration should proceed.
So I think you are saying he has applied to the court for consent to distribute the estate according to the accounts he has prepared.

I really think you need to obtain professional advice.
If you can access a university that has a law department, they might give free advice, or there might be a law centre (The Law Centres Network( near you
where you can obtain help.
Or a short solicitor consultation (either fixed price or possibly free)