Executor or friends Will , property left to children issue

[des8]

Sam101 is right in that it is better to be included in the original application.

If you apply later, after having power reserved, everything is doubled and you have to complete IHT forms etc.
Also you don't know what might have been done to the estate before you receive your grant

[Sam101]

Please can you confirm that you have registered the Stop. This is the only way to prevent the husband taking steps that may lead him to taking illegal steps when acting incorrectly as an executor.

[Sam101]

If you have not submitted the form PA8A online to stop the Probate application made by the husband, you risk him being able to take over your friends assets and do whatever he wishes.

This is not what your friend wanted and as she knew the type of person her husband became, he needs to be stopped. That is why you were appointed. With the Stop in place, it can proceed correctly with both you and him having a joint power to act, so if you have not done this already, you do need to act today and confirm that it has been done.

Your friendship to her meant so much and she wanted her children's inheritance protected from him.

Hope to hear from you again soon.
Sam

[Dawnexe]

Hi
I have submitted the STOP today. I was unable to do this yesterday for various reasons but I spoke to the probate office again and also sent my details by email and spoke to a really helpful chap who made notes on the file, found my email and uploaded it but also advised me about the caveat. So it's done. Hopefully it will be in place by tomorrow and fingers crossed I've not been too late. Then I will just wait for the fallout when he gets an email. but I will just say he wanted a break and this is how I've given him one until he's ready to proceed correctly.

I have also emailed the solicitors who did the original will and asked about the lifetime Interest. They have replied saying my friends specifically said he was to have no benefit from her will and it was for the children only at 21! So that has been clarified. she also wrote a letter explaining her reasons that went with the will which they have a copy of if its ever needed.

[Sam101]

Fantastic! You have done very well and are to be congratulated.

Now then, importantly, in view of the fact that the solicitors in question have been so helpful, I have a serious suggestion to make that will save you a lot of problems and help you fulfill the wishes of your friend.

Never mind how far away the solicitors may be located, that is unimportant. I would like you to speak with the solicitors and explain the problems you are having, telling him/her what you have just done.

Ask if they have had other similar problems with executors just to make sure they are used to this, although I expect they will be.

I expect you haven't, but just say that you have been searching the Web for Probate firms and their costs to help you locally, but as the solicitors have been so helpful, ask if they would quote you a figure to handle the Probate for you so that it is done correctly in view of the problems in the husband trying to control the assets he has no right to.

This is not giving the solicitor the power you have as an executor, you retain that, but asking for his help in dealing with the husband in this in order to comply with your friends wishes.

The costs will be paid from the estate funds, as would any expense you have like the Stop Probate fee etc, but even though this is a cost to be met, it should make shure that the children's assets are fully protected.

I do truly believe that if you go ahead through solicitors, particularly the ones who have a record of what the wife said when she made her Will, it will lift the load you have been carrying and keep the husband in place.

Let me know how you feel about this please.
Sam

[Dawnexe]

thank you! I did email them and explain the situation that has arisen. They were helpful and understanding. I think initially I will see what reaction I get from the husband of the STOP to see if it prompts him to comply and add me to the probate. It may be thst he backs down. I will give him a couple of weeks as he asked so he can deal with his kids over the Easter holidays but it may be that he contacts me beforehand! I will see how he reacts to the STOP.!

The solicitor is going to consult a colleague abouy it too and wilk get back to me.

you mentioned her pension in an earlier post and I hadn't thought of that. would that be needed for probate ir not or just when dealing with the rest of the estate? An ex work colleague of my friend happened to mention to me todsy thst the husband had asked her which company my friends work pension was with a week after she died! So he was on the ball and I wonder how I can find out about this as it may have death benefits?? He hasn't mentioned pensions to me. I guess this is the difficulty of him being her husband and living in the same house albeit separately and having access to all her paperwork and accounts etc whereas I do not.

[Sam101]

Thank you again, It sounds like those solicitors are certainly on the ball as well.

I think you will be on very thin ice with the husband. If he has already been asking about the works pension and death in service at her employers. They need to know that you are also an executor as I feel sure he has not mentioned you to them, which you can ask about when contacting them. Make certain that they do nothing in haste and that they make a note of your interest as an executor.

I took it that when you said she had been ill for some time, that she had finished employment much earlier. However when did she actually leave her employment and how long before her death?

As to pension, there may be pensions connected to several jobs she has had in the past, right back to her very first job. Any employment pension can be moved on the the next employers pension scheme, but many people tend to forget about them, or move them together as they change jobs. Pensions are always in Trust, so that asset would not be needed for the Probate application.

One of the tasks of an executor is to find all of the places that pensions may have built up and who it rightfully belongs to after death. That may be the husband or the children, but knowing that you are appointed as a joint executor, why has he not made mention of the employment questions to you?

I have great doubts that this husband will.ever play fair with you or anyone as his interest is in getting as much as he possibly can for himself. His wife found him out and made sure that she told her solicitor the type of person he is, which is why solicitors taking instructions on Wills, make sure they take careful notes and letters of wishes.

When he finds out about your good deed in holding up the Probate application to give him time to rest, if he wishes to move forward, then ask him if he has details of her employment and pensions, as well as any ISA investments or Premium Bonds in her name. Also the details of the joint account that salaries were paid into to help with the mortgage. Ask for copies of paperwork so that you will both be playing on a level field before proceeding.

I doubt he will appreciate your gesture, but please don't trust him, work with the solicitors and do not remove the Stop.

Just remember that if he does the e-mail to the Probate office to add you as joint executor, that needs doing before you then (or your solicitors) can remove the Stop. It cannot be removed by anyone but you.

Sam

[Dawnexe]

Thank you Sam. I do,feel foolish for,trusting him now and think I should have asked more questions to start with but guess I didn’t want to upset him and rock the boat but now he’s shown his true colours I’ve got nothing to lose. I will make,sure i ask for all,documents in future and will make sure I notify the bank that I am joint executor.
As soon as I’started questioning is when he got,defensive and in a roundabout way said I was accusing him of trying to do his kids out of money. I was purely asking questions and telling him he couldn’t sign the house over in a very diplomatic way. I was literally walking on egg shells. Let’s see how he reacts going forward. I just don’t understand why someone would be so obstructive when it is benefitting his children only. I am not gaining financially from this so he has no,reason whatsoever to not want to work with me other than wanting to,cut corners and not pay money to a solicitor. He’s making it difficult when he doesn’t surely need the hassle. Hopefully he will calm down and comply but we will see. I’m happy to,have a couple of weeks off from this too.

my friend left her employment about 15 months before she died. I don’t know her NI Number to,search for pensions. I don’t think they had joint bank accounts for a good 6 or 7 years , probably since the previous time he walked out. Lots of things were separated at that time and never reconnected.

[Sam101]

I am pleased that you are now seeing what the husband is likely to get up to and the solicitor route is certainly the best way to go to ensure that nothing is missed out with the way he thinks he can act.

Thinking more about this last night, other things that need checking are the bank statements. As you friend had her own inherited money in her own bank account, I did think that there would be another bank account to deal with mortgage and household payments, but certainly a joint account. You can easily check this when you see her bank statements to check on the mortgage payments or payments to any other account. Ask her bank if there were any other accounts, but he may bank elsewhere. Don't trust what you may be told by him about anything, not any more. Get it all in writing or have the solicitor get it.

As regards to the mortgage, the lenders need to be asked if the mortgage payments are up to date, as any arrears could affect the property passing to the children. You will need a copy statement of that account as well to check all is well.

Should there be a problem with mortgage payments now that there is only one income, avoiding any arrears is essential. If that is a possibility, then one consideration may be to use some of her money to reduce the mortgage but with a higher percentage of the property passing to the children. You can check this with solicitors should the problem occur. It may be that is another lady moves in, she can help with payments.

Also to check on the position with the solicitors regarding the husband's rights in the property with her half gifted to the Trust. If he wants to move out, will he have any control over the value of the children's half, or will he simply need to move to a smaller property with only his half to retain?

The solicitors, which I hope will be instructed, can deal with the registration of the Trust's interest in the children's half after Probate has been granted to you both.

The older child (him/her ,( it would help to know), needs to be made aware of the mothers wishes in due course. I doubt that the father would have given details, but as an adult over 18, he/she needs to know, but the solicitor may be able to guide you on this and may well be used to sending the right sort of letter to the older child.

Your friends possessions and jewellery also need to be accounted for, certainly her engagement and wedding rings which she may have wished to be past on to any daughter? Certainly not sold by the husband or past to anyone else.

As you are seeing, it can become far more complex when one of the executors is someone who cannot be trusted. Many families never have these difficulties and dealing with Probate and an estate is easy because of the trust built up in a family over the years.

Anyway, keep me informed and I will continue to do my very best for you, even when solicitors are involved, if you need help you only need ask.

Sam

[Dawnexe]

thank you very much.. I will keep you informed. I dont know how long it takes for him to be informed about the caveat. I've had an automatic email yesterday after submission but not heard anything since.

[Dawnexe]

SAM101 you were so helpful previously on this thread. I’m coming in for an update. I gave the husband a few weeks break and didn’t contact him and he didn’t contact me either. We are now 4 or r weeks down the road and to be honest not was nice to not have to think m about it for a while as I found it quite stressful.
However I have felt all this time that it was odd he hadn’t mentioned the caveat that I issued. I am now really concerned that the caveat isn’t in place. I have tried to ring the probate dept but am just on hold for ages and ages and they do not respond to emails. I wanted to check that the caveat is in place as I find it odd he’s not mentioned it.

I have now been told by a friend that’s the husband has told the daughter he wants to remortgage the property and has told,her he wants her to sign her half over to him. He has even sent off for the forms. Can he do,this DIY ? Surely he can’t sign forms if a will,says the house is to be left to,the kids? I think he is manipulating her saying money is tight . He’s got a very good job, and I can’t imagine he is struggling. I’m now panicking that I’ve taken my eye off the ball the last few weeks thinking I am protected due to the caveat being in place. What if it’s not?
I also,need to speak to the bank. Will,they speak to me? I have also written back to the solicitors who,did the will asking their advice so hoping they get back to me tomorrow. The forms for transferring have arrived in the post and the daughter has hidden them. She now wants legal,advice before signing them. She is scared, she’s just lost her mum and is very vulnerable right now. She visited me a few weeks ago and I showed her the will so,she is aware what’s in it. She is very wary of her dad and she doesn’t understand all the legal,stuff.
can people really just do things online like,this without having to prove who,they are etc. can he really get away with this> hopefully the daughter will,agree to instruct a solicitor to help us deal with our executor duties. I think this is the only way? Can we do this without his consent as the other executor?

[Sam101]

I believe you said that the property is for the children at age 21, so they have no rights of ownership to assign or dispose of until they have inherited after that, so the husband cannot therefore take advantage at this time. The solicitor could check the caveat is registered and with that registration, any mortgage application will fail as any lender will require a clear title before lending.

As the husband is now aware of the caveat, it may be 'helpful' to him to be told any mortgage would not be granted with the caveat registered and it would be in his interests to agree the way forward with you as soon as possible. At the same time you could remind him the the children have no legal rights until after they inherit when they are age 21.

The Probate offices are overloaded and unfortunately a long wait on the phone is the only way to get through. I had a call that took 45 minutes to be answered, so you need to be prepared to wait on the phone as long as it takes.

It is good that you are able to speak with the daughter about this and stress that her Mum was relying on you to make sure the children inherit from her as she was sure her husband would try and take as much as he could. She needs to be strong and just to say that she has no rights to the property until after age 21.

Lets hope that the husband will see the sense of agreeing to work with you as against you. Let me know when you have had the caveat confirmed, which your solicitor may be able to help with.

[atticus]

[**]

[Dawnexe]

SAM101 you were so helpful previously on this thread. I’m coming in for an update. I gave the husband a few weeks break and didn’t contact him and he didn’t contact me either. We are now 4 or r weeks down the road and to be honest not was nice to not have to think m about it for a while as I found it quite stressful.
However I have felt all this time that it was odd he hadn’t mentioned the caveat that I issued. I am now really concerned that the caveat isn’t in place. I have tried to ring the probate dept but am just on hold for ages and ages and they do not respond to emails. I wanted to check that the caveat is in place as I find it odd he’s not mentioned it.

I have now been told by a friend that’s the husband has told the daughter he wants to remortgage the property and has told,her he wants her to sign her half over to him. He has even sent off for the forms. Can he do,this DIY ? Surely he can’t sign forms if a will,says the house is to be left to,the kids? I think he is manipulating her saying money is tight . He’s got a very good job, and I can’t imagine he is struggling. I’m now panicking that I’ve taken my eye off the ball the last few weeks thinking I am protected due to the caveat being in place. What if it’s not?
I also,need to speak to the bank. Will,they speak to me? I have also written back to the solicitors who,did the will asking their advice so hoping they get back to me tomorrow. The forms for transferring have arrived in the post and the daughter has hidden them. She now wants legal,advice before signing them. She is scared, she’s just lost her mum and is very vulnerable right now. She visited me a few weeks ago and I showed her the will so,she is aware what’s in it. She is very wary of her dad and she doesn’t understand all the legal,stuff.
can people really just do things online like,this without having to prove who,they are etc. can he really get away with this> hopefully the daughter will,agree to instruct a solicitor to help us deal with our executor duties. I think this is the only way? Can we do this without his consent as the other executor?

Update: I have now confirmed with the probate office that the caveat is in place. Phew! That is one thing off my mind at least.

the daughter has sent me a copy of the letter she has received. Basically it is from a solicitor who is dealing with a remortgage of the property. So he is definitely remortgaging!! Hennas told the daughter it is to help lower the bills!!!!
The letter states “ for the mortgage to,proceed to completion you need To sign the occupiers section of the combined mortgage deed.consent form which the owner of the property will pass to you as evidence that you consent to the borrower securing their loan over the property’”
it advises that she takes independent legal advice. She’s just lost her mum and she is still grieving and she doesn’t need this stress right now.

could you explain what this form means? Can he remortgage if the will,hasn’t even been sorted out yet. Surely the mortgage will still have her mums name on it and also the title deeds still have her name on as I checked online.

I am speaking to a solicitor tomorrow and hope they can agree to act for me as executor going forward as this is becoming more and more complex.

I’ve told the daughter we need to pay a solicitor to do the administration to safeguard her inheritance .

[Sam101]

That's excellent news on the Caveat and this can help matters considerably.

The form she has been asked to sign means that she would agree to the loan against the property herself and as such, if the mortgage defaults, then the lenders can claim the property, or that part of the debt against it and her part could be lost. She should certainly NOT agree to this at all.

The husbands solicitors should be made aware off the situation and that the daughter is being put under pressure when she is in a very delicate position and grieving. ,They should be advised of the situation that nothing could be done until Probate was granted and that will not happen whilst the Caveat is registered. Best if this was done by your solicitor, who should know the correct procedure.

In asking the solicitor to help you with this matter, remember that you are acting as Executor and as such all costs will be payable by the estate. Solicitors are being instructed for the purpose of helping with a very difficult situation with the other Executor who does not seem to consider the children's interest important and you are acting in the interests of the children and it is good that you have explained this to the daughter.

Please keep me updated..