What are the executor and their solicitors legally bound to do?

[Aussie_Pete]

Following on from my post linked below, there is a reticence by the executor and the solicitors acting on their behalf to propose a disbursement of the estate and the executor will not make it clear why.

We have a meeting with the executor and their solicitors next week, so I was wanting to know - what are the executor and the solicitors acting for the estate legally required to do?

Is there a legal requirement on them as executors/solicitors to propose a disbursement (based upon a valid Will) or can the abdicate that responsibility

https://legalbeagles.info/forums/for...y-may-get-sued

[atticus]

As with the previous thread, you are seeking advice based on incomplete information. There are clearly issues going on in tge background, but you do not appear to know what these are or might be.

[Aussie_Pete]

atticus that's why I'm asking what they are legally required to do.

At the meeting next week I want to ask why they are not doing what they are legally required to do. But I don't know what the legal minimum is

Any guidance to help inform the question on their legal minimum responsibilities

[atticus]

They are legally bound to distribute the estate, subject to any claims. And, your previous thread suggests the possibility of unresolved claims. If your friend has not done so, she should enquire about these.

[Aussie_Pete]

Ok, thank you, that helps.

Are they legally required to make the claims known to beneficiaries?

And if there are unresolved claims who has legal responsibility to resolve them?

I would have thought that the executor and their solicitors have legal responsibility to resolve.

[atticus]

Has your friend asked?

[Aussie_Pete]

atticus I am going with them to the meeting next week.

If it's as simple as asking then hopefully we'll get an answer - I was trying to prepare for the meeting, hoping that with an informed view I know to challenge or not if they say

- we don't need to tell you or
- it's not our responsibility to resolve

I appreciate you can't give advice, however if there is anything you can share it would help. I have an expectation of them skirting around the issue and I want to be firm on what they are expected to do and what we are expected to do as this has been going on for over a year now and we are no further forward.

Even a legal reference for their responsibilities would be a help (if you think it's understandable by a layman)

[atticus]

You need to find out what the problem is and what is being done to resolve it; also whether there is anything that can be done to help.

[Aussie_Pete]

Thank you, I will try

[Aussie_Pete]

atticus it's been a while and there has been little (aka no) progress. We have now had a meeting with the executor and their solicitors and there is definitely something going on that they will not disclose.

When asked specifically "are there any outstanding claims against the estate" their response was evasive, I would summarise it as "we are not at liberty to disclose that to you" and they will not put anything in writing to say what the claims are, who they are being made by and what they are doing to resolve.

I am considering complaining to the law society as the lack of information leaves the whole process in a void.

- We are unable to find out if there are issues with, or claims against the estate
- We have no idea of the value of the estate even though they have had valuations done (they will not share the valuations)
- We have no idea if IHT forms have been submitted (it's been well over 2 years since the death)
- We have no idea if Confirmation (this is a Scottish estate) has been submitted

And they have been specifically asked these questions.

It's a bit of an impossible situation as we don't have information to know what going on, or to use as the basis of any complaint

So in your opinion I must ask

What are they legally required to disclose to beneficiaries regarding progress or lack there of

[Frank1]

You could try contacting the local sheriff court to where the deceased lived to find out if Confirmation has been granted.
You will have to pay a fee to obtain a copy of the will.

There is an article titled "Scottish executry disputes- three key considerations" at brodies.com which may help you decide what action to take.
Under 2. Have the executors complied with their duties?
note the last point:
"a general failure to progress the estate that causes severe delays to the administration of the estate".
2 years since the date of death does sound like a severe delay.
The executor is failing in their duty to keep beneficiaries informed of progress with the deceased's estate.

[atticus]

Now that we know that this is in Scotland, we should see whether sederunt can help.

I guess that you are not being given any timescales for the resolution of whatever the issues might be. Have you asked whether any form of interim payment might be possible in the meantime?

[Aussie_Pete]

No I have not asked that question, however I doubt it would receive a positive response as they have repeatedly stated that they have no funds to cover any of the funeral or household costs. Basically the estate is primarily property so to release funds they would have to sell the property.

[sederunt]

As advised, asking the sheriff court for a copy of the Grant of Confirmation and the Will would show whether Confirmation has been issued and show the assets of the estate. (though pages 4 and 5 of the C1 application does not form part of the public record). Any informal writing which has testamentary effect should also be included.


If Confirmation has not been applied for, and you wish to be kept informed, you can lodge a caveat with the court which would have the effect that you would receive notification that an application has been made. Though if Confirmation has not been issued after 2 years something is well amiss.


The executor has the responsibility to administer the estate. If the solicitor is not an executor then the solicitor is the executor’s law agent - acting for the executor in whatever active or advisory capacity. Decision making sits with the executor, not the solicitor.


The executor has a duty to ingather the estate, pay debts and distribute the estate to beneficiaries.


An executor can be sued, but legal action is costly and often ill advised. On the other hand, an executor should not cause unnecessary expense.


There are legal action routes a beneficiary can take, but these require legal assistance and advice and come at a cost.

[Aussie_Pete]

Thank you - I suppose I have no choice but to engage my solicitor and them to formally write to them and see how they respond as they just aren't responding to me.

The absence of information and updates is very unsettling