Solicitor demand estate account sent to all beneficiaries ?

[monologue]

Can a beneficiary’s solicitor use the failure to provide estate accounts to beneficiaries the solicitor does not represent, as a reason to issue proceedings to have the Administrator removed for a breach of their duties?

[PallasAthena]

Estate accounts are only required to be provided at the end of the Estate administration AFAIK so what would be the point of removing the Administrator then?

And only to the residual beneficiaries not all beneficiaries.

[monologue]

Yeah my thoughts exactly.
The estate has not been finalised.

I’ve sent all the documents the Solicitor demanded, up to date bank statements, current balance of the estate and its location, showing all transactions, payments and sent all invoices or transactions to date. I even sent a full account and explanation of the administration of the estate.

Although the Solicitor also demanded I send estate accounts to all beneficiaries

As the Solicitor is not representing the other beneficiaries. I only sent the documents requested to the Solicitor. I’ve not sent anything to the other beneficiaries, although they’ve been notified throughout the period of administration.

Now the Solicitor has stated, the next correspondence will be from the Court as the Administrator has failed their duties by not to providing estate accounts when requested

[monologue]

Only residual beneficiaries and no idea why Solicitor seeking to remove administrator but been threatening that from the start.

Although, despite the administration of the estate not completed/finalised and is beyond the executors year, can the beneficiary’s Solicitor, use the failure to provide estate accounts to beneficiaries the Solicitor does not represent ?

The other beneficiaries haven’t requested estate accounts, only the Solicitor acting for 1 beneficiary has requested the estate accounts be provided to all beneficiaries.

[monologue]

Can anyone provide more advice in regard to these circumstances

[JustAThought]

You could ask the solicitor fir explicit details as to where they allege the Executors failures are and ask them to quote the legislation abd section that they seek to rely on.

You could also ask fir details of which other clients he acts for and the date the solicitors instructed by them...

[monologue]

Thanks so much for your response

I’ve made many different requests to the beneficiary Solicitor, all ignored, not even a response.

I’ve asked they confirm which beneficiaries they represent, also ignored

The other beneficiaries have confirmed in writing they are not representing by the Solicitor and don’t support the action being taken.

I’ve asked can the Solicitor provide copies of documents they have referenced to; although the Solicitor said my request is a stalling tactic and they will not correspond any further.

More recently, despite providing up to date bank statements, a transaction history with corroborative supporting documents, all invoices to date and a full accounts of the administration of the estate; the Solicitor has responded with the following:

You make no concession to providing the estate accounts, nor to making any distributions, you have failed to disclose documentation relating to the location of the estate funds, your letter is merely a continuation of the delaying tactics you have deployed from the outset.

I’ve asked what more must I provide to clarify the location of estate funds; I also provided an itinerary of all the supporting documents sent to date and asked can the Solicitor confirm the document sent have been received.

Which has also been ignored.

[JustAThought]

Am a lay person just a thought from me...

Did you pre-warn the solicitor about potential costs that could be incurred to the estate if they were to continue in their statements against you, allegations and unreasonable demands... ? Costs meaning you would defend yourself by way of getting legal and specialist advice and solicitors to deal with claims and actions whether in or outside of court and these would be paid for by the estate?

I would write such a nice letter detailing the above and let the lawyers know you have a duty to inform all beneficiaries of all such reasonable steps you have taken to protect the interests of the estate and all beneficiaries by acting lawfully and avoiding allegations of wrong- doing and potential litigation, which is why you have diligently documented your Executor actions.

Of course you may need to re-examine all that you have done before writing such a letter...


I am still a lay person...

[monologue]

I’ve not actually pre warned the solicitor about cost but I’ve said that they are risking cost being borne by their client and I’ve not done anything, I shouldn’t be threatening and forced to distribute the estate when administration not been completed.

From the start the Solicitor has kept saying how much it will cost to go to court to remove the Administrator, saying I will have to pay the cost personally and the solicitors will ensure I cannot claim cost from the estate and it can cost as much as £30,000

I’ve notify the beneficiaries, wrote to them by email and sent letters by Recorded Delivery but only provided basic details but I’ve mentioned the beneficiary has appointed a Solicitor.

As for estate accounts, legislation appears to imply beneficiaries are entitled to a copy of the estate accounts, once prepared and once the administration of the estate has been finalised; the estate has not been finalised, neither has the estate account.

The Solicitor only represents one beneficiary and has said to provide estate accounts to All beneficiaries
The solicitor doesn’t represent the other beneficiaries and they have not asked for estate accounts.

[JustAThought]

Are any beneficiaries minor children ?

[monologue]

No children, all are Adults and Residuary Beneficiaries

[monologue]

Why ask a question as if you are going to impart a response of significance, then not even reply once I’ve provided an answer to the question asked !