Probate granted but executor not doing anything towards administration.

[Pezza54]

You have missed the dates when and reasons why you raised and withdrew your 2 caveats. It would be better to put it in your claim than wait for the details to appear in the defence

[Lutontown]

You have missed the dates when and reasons why you raised and withdrew your 2 caveats. It would be better to put it in your claim than wait for the details to appear in the defence

Yes I will if it ever gets that fair . But the point I am trying to establish is a signed Will is not being followed .She is trying to go against it , without making a claim under the inheritance act setting out her reasons for being treated differently than the other beneficiaries . There is no provision in the Will other than equal sharing of the estate . She is abusing her position . It is a case of her holding onto what she has got , and that is occupation of the property . Surely it is her that should argue for a different out come to that set out in the Will .

[Pezza54]

Yes you are right. If you have lost confidence in your present solicitor you should seek the services of a contentious probate solicitor. Many advertise on the internet and offer a free initial consultation so it is worth obtaining advice and quotation or estimate from a few

[Lutontown]

Yes you are right. If you have lost confidence in your present solicitor you should seek the services of a contentious probate solicitor. Many advertise on the internet and offer a free initial consultation so it is worth obtaining advice and quotation or estimate from a few

Thanks for your help . We are very close to deadline for claims , so doubt there will be one now . I have made contact with a No win No fee company as it is financially impossible for me to press my claim . Had a few recent emails with my sister to no avail , she will not give a straight forward answer . Says she wants to take up the option of purchasing the property after all expenses' and compensation is sorted out . Well it does not say anything in the Will other than equal distribution of assets . So she has no legal grounds for compensation , I would counter , how about compensation to the other beneficiaries' for her son paying no rent for seven years . Plus she has not paid any rent after Mum died . Comes to a fair amount .

[Pezza54]

Executor expenses? Your contentious probate solicitor if appointed should ask to see estate accounts to check expenses are reasonable
Compensation? You are right. The monetary saving by living rent free will far exceed any compensation

[Lutontown]

Executor expenses? Your contentious probate solicitor if appointed should ask toy see estate accounts to check expenses are reasonable
Compensation? You are right. The monetary saving by living rent free will far exceed any compensation

My solicitor has requested estate accounts ,she is refusing to supply anything . She must have spent money getting a draft will written and run up a far old bill before she closed the account at her solicitors. I bet she will claim those expenses ,but they are not really related to her role as Executor . There are set procedures she should have followed and she has just not done that . I am waiting a little longer , letting the time run down on possible Inheritance claim . Then it should be down to the facts and only the facts . Sympathy has no place in a court of law .

[Lutontown]

I contacted a no win no fee company . Seems they act as a brokers and put forward your case to a couple of solicitors on your behalf. Well I received a draft copy of my statement , which I was asked to sign . Well it was full of errors and in places made no sense ! If this is the quality of their work , No thank you . I have declined this companies help .

[Pezza54]

You want a lawyer on a no win no fee agreement to give you the best opportunity for your claim to be successful so you are right not to go ahead with the first solicitor.
Make sure your chosen lawyer takes out ATE insurance to avoid paying the other party's legal costs if you lose your claim
Ensure your lawyer follows the terms of the insurance policy to prevent it being invalidated. This has happened in some recent cases, the legal firms have gone bankrupt and the customers are facing large individual bills for legal costs

[Lutontown]

You want a lawyer on a no win no fee agreement to give you the best opportunity for your claim to be successful so you are right not to go ahead with the first solicitor.
Make sure your chosen lawyer takes out ATE insurance to avoid paying the other party's legal costs if you lose your claim
Ensure your lawyer follows the terms of the insurance policy to prevent it being invalidated. This has happened in some recent cases, the legal firms have gone bankrupt and the customers are facing large individual bills for legal costs

Thank you for that . I have a lot to think about . I was asked to put up £1700 for further work, by my present solicitor , and warned it could be £30,000 if it went to court . That,s just crazy, I have done nothing wrong , as fair as I see it , she has none nothing right . She is just reading what ever she wants into the role of a Executor . If I lived closer I would insist I have a equal right of occupancy and should be allowed to move in and share the property . Maybe the only way to force a resolution .

[atticus]

The law gives you rights. But you have to assert them. That's how it is. If you are successful in legal action, the opposing party may be ordered to pay your legal costs.

Speak to yours solicitor about the process.

[Lutontown]

I have sent this to my sister , the executor . What do you think ? I think this is fair enough.

[atticus]

Isn't the time to seek comment on a letter before you send it rather than after?

I see that you are happy with what you have written. What makes you think she will reply, if she has not responded to your lawyer? And what will you do if there is no acceptable reply?

[Lutontown]

Isn't the time to seek comment on a letter before you send it rather than after?

I see that you are happy with what you have written. What makes you think she will reply, if she has not responded to your lawyer? And what will you do if there is no acceptable reply?

Yes you are right , doubt I will get anything back , but makes me feel a little better . Can not afford to do much more , I am retired and on benefits. So if it was deemed that I am a home owner I could lose my benefits and could not afford to live where i am now. So how could she stop me moving in to the house ? .

[atticus]

I can do no better than to remind you of my post no 55.

[Lutontown]

I can do no better than to remind you of my post no 55.

Yes I know you are right . I will try and speck directly with my current solicitor for an assessment of situation . Now that its been six months since grant of probate . Now that time has lapsed for a claim under the inheritance act it must be in my favour .