Question re intermeddling, and possible theft from estate.

[Pseudonym19]

I am a co-executor and beneficiary of an estate in England. Another executor (and beneficiary) took property from the deceased person’s house, shortly after their death. That executor took the property with a proven intent to keep it, without my agreement, and with no Grant of Probate. That executor was familiar with probate processes. Following my complaint about this matter, that executor invoked an old verbal agreement that the deceased had previously made about gifting the property to them. However, to the annoyance of the (now) deceased, the property was never physically transferred during her lifetime and it remained in her house to her death. Does the other executor’s removal of the property constitute intermeddling with the estate, and theft from it? I think so but need to be sure, and am grateful for advice. Thank you.

[echat11]

Hi PSEUDONYM19

Welcome to LB

The following is comprehensive. Posted for information only - https://insuristic.co.uk/who-owns-a-...uring-probate/

[Pseudonym19]

Hello ECHAT11.
Thank you for the welcome to the site. I much appreciate your reply and the useful article. It says that a named executor can act from the date of death and has legal ownership of the estate. In this case, there are three co-executors. That other executor ignored the shared legal ownership of the house and its contents, by unilaterally removing assets (in this case some large items worth about £600) from the estate. She ignored my own executor duty and transferred the items to her own house, without regard for probate nor other beneficiaries. [She confirmed an intent to keep the items, not claimed to be looking after them].

So I see that this other executor was really not managing estate assets responsibly, but can I say it was intermeddling and/or theft? I can’t quite tell, or see how what she did could be legal.

Thank you and regards, Pseudonym19

[echat11]

Hello ECHAT11.
Thank you for the welcome to the site. I much appreciate your reply and the useful article. It says that a named executor can act from the date of death and has legal ownership of the estate. In this case, there are three co-executors. That other executor ignored the shared legal ownership of the house and its contents, by unilaterally removing assets (in this case some large items worth about £600) from the estate. She ignored my own executor duty and transferred the items to her own house, without regard for probate nor other beneficiaries. [She confirmed an intent to keep the items, not claimed to be looking after them].

So I see that this other executor was really not managing estate assets responsibly, but can I say it was intermeddling and/or theft? I can’t quite tell, or see how what she did could be legal.

Thank you and regards, Pseudonym19

Executors have to act together, what the other Executor has done (taking goods) is a breach of duty.
What you should do is write a joint letter with the Executor stating a date by which the goods need
to be returned, if they aren't returned, them inform the Executor (the one that's taken the goods),
that further action will be taken. Send this letter Recorded Delivery.

[Pseudonym19]

Thank you for your advice, it's a definite help! I am appalled that the other executor took goods from the estate even before the funeral. I will challenge them about their breach of duty.

I would certainly write a formal joint letter to that executor as you advise, she kept the goods (valuable furniture) for the last six months. However, I can update you that after my recent complaint, she has hastily put the goods back into the deceased's house, and she is making out that taking them in the first place was no big deal. If I understand correctly, I believe her removal of items in the first place was intermeddling in the estate. But I think that proving it was theft has an element of whether that executor had acted dishonestly when she took the property. Although she says the deceased had said last year that she could have the items, the items are not in the will, and also she knew about probate processes but still took the items. I suspect her removal of property crossed the line to theft, but can I claim it did? I am in a bit of a grey area with this and am grateful for any advice. Regards.

[echat11]

If the items has been returned, then you can note that the items were taken, then returned, but sometimes there is no point in 'opening a can of worms', especially as this is a co Executioner and you may have to rely on their co operation. If you have the item back, it's difficult to prove 'theft', the police won't be interested.

[Pseudonym19]

Thank you. Early on, I provided the probate solicitors with statements and photos to prove that the goods were taken from the estate, and in the other executor's reply to my recent complaint she actually admits taking them immediately after the death and with an intent to keep them. So I can prove a lot, but as you say it's a can of worms.

[atticus]

... this is a co Executioner ...

Really?



(other than that, I agree with what echat11 has said)