Executor or friends Will , property left to children issue

[Dawnexe]

Ok so I have spoken to a solicitor who deals with contentious matters this morning. She has taken all the details but says she needs to discuss with a colleague about this and they will ring me tomorrow.
I popped into the bank on the off chance and wanted to ask them if there had been any activity on the bank account. They rang the bereavement people and I was shocked to be told that the husband had been able to close the account and withdraw the money . I asked why if they didn’t have my permission and apparently they only need one signature if the funds are under 50k. I sat there and cried quite honestly. I cannot believe he has taken the money and not informed me. So I don’t know what he has done with it. I got straight back on the phone to the solicitors to update them. How now can I pay them to act for me when he’s taken all the money out of the account? He doesn’t know that I’m aware.

I was going to email him and ask when he wanted to proceed with the Will and see if he owned up to doing this. I will need to see what the solicitor says tomorrow. Giving him the benefit of the doubt he may have intentions to open accounts for the kids and transfer it to them but going on how he has acted so far I am very doubtful of his intentions. I feel quite sick about it all.

[Sam101]

We are seeing that this is a man not to be trusted. If he has used this money for himself, or put it in his own account, I believe that such an act is criminal. Ask the solicitor about that to make sure. You will need to find out what happened to it and can simply say you spoke with the bank to say that you were trying to sort out matters and they told you what they had done with the account. Ask if the money has gone into accounts for the children and the details. If the other, then (after checking with the solicitor) yo can say that his actions were not correct and may be actionable. The solicitor will know what to do regarding their charges, so dont worry about that. They know how the Will needs to be administered'

[Dawnexe]

I have spoken to the probate solicitor and asked if she could act for just me and she said m they have to,act for both executors,jointly so I have to initially try and find a way for him to,agree to work with me by reaching out to,him. I have asked him by email if he’s ready to proceed without telling him I know about the money that’s gone. I asked leading questions like we need to sort out the trust accounts for the kids etc. he basically came back,to me,saying he’s too busy to,deal with anything at the moment. So,he didn’t admit to taking the money!! The solicitor said the only way she can act for just me is in unusual circumstances where he refuses to acknowledge me or commits some kind of fraud.

She was flabbergasted about the money and I’m to,ask him what he’s done with it. I am seeing the daughter tomorrow and I am going to ring the solicitor who sent her the remortgage form and ask who they have down as applying for the remortgage. I’m hoping the remortgage will,fail due to the caveat on probate but due to the bank failing me on this issue I’m not trusting the system anymore. The daughter has found out about the money being taken as had questioned her dad and he told her today so she found out herself anyway. He has been nasty to her and she wants to fight him. I will,find out more about their conversation tomorrow but she’s understandably upset that her dad is doing this to her. This money doesn’t belong to,him. It was inheritance from my,friends dads death. It’s not like they saved up together.

under what circumstances can an executor be removed from administering the Will.?

[Sam101]

Thank you for the update and I am sorry to hear how much hurt this is causing to the daughter.

Removal of an Executor is difficult but not impossible, but this matter is a long way from that just yet as there is no proof of anything and the husband is not actually saying he will not work with you. I believe he is trying to be too smart for his own good, but the solicitor you are speaking with sounds as if she is aware of this type of character and will know what to do if necessary.

The mortgage lenders are not likely to know anything about the Caveat at this time. Only after they have made an offer and it has been accepted would they look into that, but if thy know that there are two Executors involved, then they should not proceed. If you can find out who the lenders are, then they can be advised and it should certainly hold thing up.

Now that the daughter has found out about the money, then you would know as long as the husband knows that she has spoken with you. You can then ask what on earth he is doing and where is the money now. If he will not give you the information, you are able to indicate that if both Executors do not work together, then one can apply to the Court to have the other removed, which maybe costly.

If the husband is not careful, he can land himself with criminal charges, which would certainly ruin him. Being sensible and acting correctly is the only way to move forward and this is why you were appointed as a jointly to act, for the children's sake.

Let me know how this progresses please.

[Dawnexe]

Ok so the daughter has been with me today. Apparently he told her he had the money in his bank after she questioned something. He then proceeded to tell her what he was spending it on! New front door, new central heating system I think we’re his words. So I think he actually believes he is doing nothing wrong in his eyes. Of course the daughter knows otherwise after speaking to me. He also said I can’t be dealing with her rubbish (meaning me and my email ). To date he has still not discussed the Will with her or what it contains. So he is talking about the money as if it’s his and I presume he thinks that as he hasn’t shown her the Will she doesn’t know what it says. As for the remortgage we rang the solicitors who sent her the letter about signing as an occupier. They said they couldn’t discuss the remortgage or who had applied for it!!! The daughter explained to them that her mum had passed and the house was or should be in her name in trust as per the Will so she wasn’t going to sign the form. They just kept saying you’ll have to discuss it with the applicant. She asked if the remortgage will go through if she doesn’t sign it and they said no. So maybe we can buy ourselves some time til we get to the bottom of it.

we have decided that firstly she will try and have a conversation with her dad to open up a dialogue to give him the opportunity to tell her what’s going on and for him to be open and transparent about stuff like the money and the remortgage. He needs to explain to her what his intentions are

depending on how that goes, I then need to contact him to say yet again we need to work together and I am aware he has taken the money from the bank. I didn’t want to do that straight after I’d seen the daughter as he would know we’ve been talking. Depending on his reaction depends what I do next.

I just feel frustrated that as he is the person acting incorrectly he is getting away with it unless I have funds to fight him with solicitors fees etc. I just hope he caveat stops his remortgage and annoys him enough to want to work with me correctly. By then he could have spent the money. I feel we need to tread carefully as it’s still her dad and she still lives at home and her life could become very difficult. I’ve said to her I’m legally bound to fight this as an executor to stop him doing wrong as I could be taken to court years down the line if I don’t do what the Will says.
I’m going to give it a week and see how she gets on talking to him and then I will contact him to let him know that I know he has the money and I will say that I am taking legal advice . For what should be a simple matter he is making this very difficult and I don’t believe he has the kids best interests at heart.

I honestly think in his head he thinks he is entitled to that money.

[Sam101]

Thank you for the update.

As an executor, you should have a copy of the Will. I forget if we discussed this before, but if you do not have a copy, you should try and speak with the Probate office and update them of what you have found regarding the money and what the husband is doing. After all you have previously spoken with them and they may be able to mark their file on this matter so that you are informed should anything pop up.

The Probate office should be able to advise you on what to do if an executor is acting incorrectly and against the wishes of the Will and in detriment to children. No harm in asking them for guidance.

As soon as you know that the daughter has spoken with him about the money, you need to advise the husband that he is acting wrongly and cannot spend any money from the account he has taken. That as an Executor you will take action to have him removed as an executor unless he immediately corrects the situation.

I feel sure that the mortgage will not go ahead without the daughters signature, so no worries there, but you should also write to the solicitors that sent the daughter the letter about the mortgage and outline that their client is a joint executor of his late Wife's Will and is acting incorrectly with possible action to have him removed. Also that the property is part of a Trust that their client does not control and will not be remortgaged. Head the letter 'FORMAL ADVICE'.

Unfortunately it is getting near to crunch time, when you ill need to advise the husband that you can remove him as an executor if he will not work with you in the best interests of the children and in accordance with the Will.

Do please keep me informed.

[dslippy]

Start by finding whatever document supports the idea that the house was held under tenancy in common. That document should/can usually provide additional terms answering many of your questions, setting the parameters of ownership, and the will can only act within those terms. The will can only dispose of what the testator had, as set out in tenancy in common document.

[Sam101]

DSLIPPY please do not join in any matter without being aware of all the previous details, which you obviously are not. Although you are a new member, your answer is not appropriate.