Executor Problems

[Emerald13]

Hello there
My grandmother recently passed away. Her son has been appointed Executor along with his eldest son. Both Executors live in Europe.
For many years, communication has been almost non existent between us (me and my sibling) and the Executors.
Me and my sibling were the closest to our grandmother, in distance and in relationship quality. She had almost no relationship with our cousin (the second executor).
We were really surprised to find out her choice and cannot help but think our Uncle has orchestrated this, knowing he does not see eye to eye with us.
We were also surprised to hear from the Uncle that nothing had been mentioned in the Will regarding funeral arrangements. Further to this, we are just as surprised that she has made no 'gift' in her will regarding her jewellery - she loved her jewellery, and I still believe she would have preferred items to be passed on rather than sold. I'm told otherwise by this Uncle.
Relations between us and the Uncle are very fractured. Lots of distrust. Many occasions we have asked for more support and he's totally refused, therefore increasing the level of resentment over the years. Hospital stays where our Grandmother was very unwell, he never visited until we had begged and begged, almost forcing him.

Anyway, we have asked to see the will and he will not share it until Grant of Probate. Is there anything we can do? He has confirmed by email that we are beneficiaries. He also requested the return of the keys to her property at approx 9.30pm the night before the funeral. We did not see the email until after the funeral, he then returned to Europe the day after the funeral with his son. We have no further instructions regarding the keys, or when he/they will return to the UK. We have emailed him requesting the details of the solicitor who is dealing with the estate, and he has not replied.

I am just looking for some guidance, any help is very much appreciated.

[PallasAthena]

There's not a lot you can do. Nothing you have posted suggests any wrongdoing by anyone. You may have been surprised at your grandmother's choice of executor and her not leaving jewellery as a specific legacy but people don't always do the things we thought they would in their Wills.

The Executors are under no legal obligation you give a copy of the Will before Probate. After Probate you can download a copy yourself from the government Wills website. Search probate records for documents and wills (England and Wales) (probatesearch.service.gov.uk)

Nor is he obliged to tell you who the solicitor dealing with the estate is - if there is one, there's no need for a solicitor and many executors handle estates on their own. But even if there is a solicitor they won't tell you anything because they have a duty of client confidentiality to the executors.

As Executor your uncle is responsble for securing and maintaining your grandmother's house until it is sold so he was entitled to ask you to return the keys. I am assuming that neither you nor your sibling are living in the house. Just email him back and say you didn't see his email until too late, what does he want you to do with them now?

It's not unusual for a Will to say nothing about what sort of funeral they want. It's not something that has to be in a Will.

If there are particular pieces of jewellery that you would like you could ask your uncle if he is willing to let you have them. The probate value of them to be offset against whatevr cash legacy you are due to receive. A reasonable executor ought to be happy to agree to that but sadly if family relationships have broken down to the extent yours have he may not be willing to be reasonable.

I have assumed you are in England and that's where your grandmother was resident when she died.

[Emerald13]

Thank you for your reply.

Do we have any grounds to take him up on his lack of communication? What about the jewellery in the property - can I ask what he has done with it all, ie an inventory or secure storage? What happens if he has taken it all to Europe with him without any inventory?

I really do not trust him at all, and feel that if he was being more transparent with us it would really help us all. I've no doubt that his two sons will be fully aware of everything, it's just my sibling and I being kept in the dark. I don't believe he will be acting neutral as is expected of an Executor. Are we able to request another Executor so as it doesn't feel so biased?

[PallasAthena]

Sadly I doubt you can demand any of these things. The Executor isn't obliged to 'communicate' with you until he is ready to pay out the the estate. Anyway he has communicated with you to a degree - told you that you are beneficiaries, for example. He can take the jewellery with him to Europe for safekeeping if he wants to, probably a sensible thing for him to do. He should be making a list of it so that it can be valued for probate but you aren't entitled to see that list before probate.

If you are a residuary beneficiary you are legally entitled to see the estate accounts after probate. What are Estate Accounts? (co-oplegalservices.co.uk)

You have no grounds for challenging his appointment as executor that I can see from your posts.

[Emerald13]

I'm so upset by how it's all ended up, and feel so deflated that there seems to be nothing we can do. But I really appreciate you taking the time to reply.

[JustAThought]

This from a lay person that l am... Try not to feel deflated...

Keep checking in with the Executor at reasonable intervals or just wait and see. There really is not much you can do. But a few lay person's ideas...

Keep checking (adverts and display boards) to see if house is up for sale or rent
Keep checking if Probate has been granted

You are told you are a beneficiary.
You do not know what's in the Will.
You do not know if you are a residuary beneficiary.

You could try the residuary beneficiary route!!! Ask questions, politely and positively, of the Executor.

Does the following help?

'..Without an inventory, the beneficiaries do not know the content of the Deceased's Estate nor the precise extent of their inheritance. Without an account of the administration of the Deceased's Estate, the beneficiaries are not able to see that the Estate is being properly administered to their benefit. Within this context a cardinal duty of an executor is to keep accounts and records relating to the administration of the estate and to be ready with an inventory and account when called for...'

s25 of the Administration of Estates Act 1925 (as amended)

25 Duty of personal representatives

The purpose of s 25(b) of the 1925 Act is to allow beneficiary a remedy where the beneficiary seeks to understand the nature and extent of the property comprised by the estate and the manner in which the estate is being administered by the executor and provides protection for the beneficiary against a lazy, negligent, recalcitrant or malign personal representative.

Within this context, the cardinal importance of the obligation on the executor to provide an inventory and render an account of the administration when called upon to do so.

It may be too soon in your case but you could gauge when to ask if at all.

But if l were you... I would wait... If it's a UK Will you can check if it's gone through Probate for a few quid.

l am a lay person... please don't run off with the above as a given rule or legal remedy, they are merely my suggestions and a bit of a quote but cannot find the Case Law source now.

All the best

[jpadie]

Within this context a cardinal duty of an executor is to keep accounts and records relating to the administration of the estate and to be ready with an inventory and account when called for...'
t

Hello - how do you interpret s25(b) to result in that construction? so far as I can remember, s25(b) relates only to when a court makes an order; not a beneficiary making a request.

the "right" of a residuary beneficiary to receive estate accounts is (sfair) taken from jurisprudence rather than statute.

[JustAThought]

Appears as Statute and Case Law? Hope this helps...


Ali v Taj (Probate - Inventory and Account) [2020] EWHC 213 (Fam) (07 February 2020)


Any person interested in an estate may call on the executor to exhibit and inventory and render an account of his or her administration of the estate (see Myddleton v Rushout (1797) 1 Phillim 244).

Am a lay person reading all sorts...

[Emerald13]

Hello there

Thank you for your replies so far. I am in need of more advise, please

The Executor has communicated with me and confirmed I am a beneficiary. He has also requested I return my keys to a friend of his as this friend has been tasked with checking the property whilst it is empty.

I have asked the friend if we can meet at the property, so I can have a last goodbye and collect some photos and hand over the keys at the same time. The friend advised me that the Executor has put in writing to him that he is not to meet anyone at the property without his prior consent. I therefore have contacted the Executor directly and asked if it would be ok to meet at the property. He said absolutely not. I asked if we could have access to the photos - he said no. He said I am not entitled to a single thing in the property, and that we will never be permitted to go there.


At the funeral, photo albums were being passed around and I took a photo from an album of myself with my late mother. He says I have stolen, and that it wasn't mine to take.

My question is - are photographs and similar items considered a value in the way he is suggesting? Am I actually a thief for taking the photo? Or could this be emotions taking over.

And what is the worst thing that would happen if I did go to the property, out of interest?

I'm sorry to sound so stupid on this... he's an intimidating man, and I don't know if he's been unreasonable just to cause extra pain.

Thank you to anyone who replies.