Misappropriation of Trust//Estate Property

[Jonesy840]

Hello, new to the forums and all that. I am seeking some entry-level advice concerning misappropriation.

Following my grandmother's death in 2021, her estate (house, cars, and all) were split equally between her three children, so 33.33% or thereabouts. The issue that's arisen concerns one of the cars stated in the will. Despite everything else being divided equally, one of my grandmother's sons has taken one of the cars and gifted it to his daughter without the consent, or approval, of either of the two other parties.

Is this misappropriation? And if so, can the value of this car be deducted from the value of the house (when sold)?

[atticus]

Perhaps, to both. Is it worth enough to fall out over?

[Jonesy840]

Hello,

Could you expand upon the perhaps?

The 'fallout' per se has already taken place, that portion of the family has isolated itself from the remainder of the family. It's more a matter of principle, than of money.

[atticus]

The simplest thing will be to bring the value of the vehicle into the overall accounting.

[Jonesy840]

Thank you for your prompt response, Atticus.

How would this be done, and what would you suggest to do if the other party objects?

[atticus]

Dialogue.

"What about that car you took? Glass's Guide says it's worth £x".

Who is/are the executor(s)? Beneficiaries can ask them to provide an account. NB that you do not appear to be a beneficiary.

[Jonesy840]

You are correct, I am not. I am the eldest son of one of said beneficiaries, who just so happens to be the executor. Hence my query here, on her behalf.

And if dialogue between the executor, and said beneficiary has already broken down, what are the potential avenues?

From what I led to believe by parties other than the executor, the misappropriating beneficiary intentionally took possession of the vehicle; denied others access, and has since ceased communication with all but their own children - and so, have alienated themselves from the family at large.
Thank you, once again.

[atticus]

Is the value of the vehicle known? If so, perhaps the executor can put this and other items into account when calculating further distributions, i.e. treating the value of such items as a payment on account.

[Jonesy840]

Yes, the value of the car was assessed both at the time of the will being completed (a few weeks before the deceased past), and I can do it again.

So, pardon me here, from what I'm understanding the executor has the power to mark the value of the car as a payment to the beneficiary; which in turn counts as a proportion of their third, and can be deducted from the remaining assets, i.e. the property soon to be sold?

[atticus]

The value of the car can be added to the total estate, and treated as a payment on account of that person's overall entitlement.

Let's say net sale proceeds of the house are £150,000, value of car £3,000. Total £153,000.1/3 of that is £51,000. But one beneficiary has already had £3,000, so receives a further payment of £48,000.

NB car should be valued at the date the deceased person died.