Executors & Beneficiaries

[CleverClogs]

Re: Executors & Beneficiaries

Ah, thank you MissFM for your reply and for understanding my worries. It's good to get a direct answer. He actually offered to be an Executor when mum was alive, because my sister and I have never got on, so he gave himself the responsibility. I think they both think I am either a soft touch or stupid. But it is hard when I don't know the legalities of it all, so I have just trusted and believed him.

It seems self-evident that he either lacks adequate knowledge of the rights and duties of his role of executor, or that he is too arrogant to have even tried to learn what they might be.

Regarding the loan made to your dear sister - was any sort of written agreement drawn up and signed by her?

[ocraz49]

Re: Executors & Beneficiaries

No, she can't - and neither can the cousin unless your mother specifically willed it. Unless either is a "professional" executor (ie solicitor or accountant) they can charge nothing except legitimate expenses.

There was a thread recently on here (sorry can't find it) describing how to remove an executor - maybe someone else remembers?

Executors have a duty to be above board in every sense and your worries sound justified.

Your cousin should not be asking you for money - he could simply say he did not want the responsibility of being an executor and duck out.

My right-royal-ripofferometer is also reaching fever pitch.

Hi MissFM thank you so much for your reply and support. It is good to get a direct answer. My cousin actually offered to be an Executor when my mum was alive, as my sister and I don't get on. Neither is a professional and there is nothing in the will other than the residue is to be split between my sister and I. very straightforward, well you'd think so anyway. Another thing I have been told is that at the end he expects me to sign a letter saying that everything has been done above-board. I am reluctant to do this as I have asked him on many occasions for copies of mums bank statements going back 4 years (as I know mum loaned my sister 10,000) but he just says the banks haven't sent them to him, I find that difficult to believe after over 2 months. But apparently I have no right to ask for them. Never mind, at least now I know I cannot be bullied into having money deducted for their services. Thank you once again, really appreciate your help.x

[leclerc]

Re: Executors & Beneficiaries

Hi MissFM thank you so much for your reply and support. It is good to get a direct answer. My cousin actually offered to be an Executor when my mum was alive, as my sister and I don't get on. Neither is a professional and there is nothing in the will other than the residue is to be split between my sister and I. very straightforward, well you'd think so anyway. Another thing I have been told is that at the end he expects me to sign a letter saying that everything has been done above-board. I am reluctant to do this as I have asked him on many occasions for copies of mums bank statements going back 4 years (as I know mum loaned my sister 10,000) but he just says the banks haven't sent them to him, I find that difficult to believe after over 2 months. But apparently I have no right to ask for them. Never mind, at least now I know I cannot be bullied into having money deducted for their services. Thank you once again, really appreciate your help.x

You can only sign something that says that once you have a statement of account. He is correct that you do not have the right to ask for the statements since only your sister and your cousin are executors of the account.. Why is the loan of £10k important in the scheme of things?
I would add that your cousin has NO RIGHT to offer you the position of executor of the will as only your mum could make that decision and not him.

[Inca]

Re: Executors & Beneficiaries

Maybe OP thinks his sisters 'loan of £10k' should be deducted from her share of the estate?

Not 'getting on' with the sister is the best possible reason to involve solicitors...IMO

[ocraz49]

Re: Executors & Beneficiaries

It seems self-evident that he either lacks adequate knowledge of the rights and duties of his role of executor, or that he is too arrogant to have even tried to learn what they might be.

Regarding the loan made to your dear sister - was any sort of written agreement drawn up and signed by her?

I wouldn't think so, but my mum must have withdrawn it from somewhere and I know you can only give a gift of 3,000 a year, so that's why I wanted the bank statements, which I feel I am being denied of. I also acknowledge what you are saying about rights and duties and have explained to him how serious this could be, should I be forced to go further, but then other people say, once it's tied up, there's nothing I can do. I can see no way of winning.

[ocraz49]

Re: Executors & Beneficiaries

You can only sign something that says that once you have a statement of account. He is correct that you do not have the right to ask for the statements since only your sister and your cousin are executors of the account.. Why is the loan of £10k important in the scheme of things?
I would add that your cousin has NO RIGHT to offer you the position of executor of the will as only your mum could make that decision and not him.

Hi Leclerc, I'm not sure where your coming from with this answer. I have never said that my cousin has offered me the position of executor. The 10,000 is only important in that, if they think I should be parting with the large 'gesture of goodwill' and I could see in black and white the withdrawal for the 10,000, at least I have something on my side, some protection so to speak. Also,because this should have been put back into the estate.
As for the statement of account, I believe this will only show how much money came into the final account and how much went out or do all receipts, statements etc., have to be produced to me as well?

[leclerc]

Re: Executors & Beneficiaries

It was a misread on my part on that bit about the executor. I read it one way and not the right way.

I personally believe the 10 grand is irrelevant in the scheme of things because ultimately the issue is that the estate is managed effectively and efficiently and not by someone looking to make a fast buck which I am afraid from the things you have written does not appear to be the case.
I would seek professional legal help as has been suggested on this thread so far.

[jon1965]

Re: Executors & Beneficiaries

I am a little confused.
Has probate been granted?
It is quite difficult these days to get a free solicitors consultation however if you can afford it you can get advice for about £100.
As a solicitor said to me when I was winding up my wifes estate , when lawyers get involved the only people who win are the lawyers.
If probate has been granted I believe you have certain rights to see that, also depending on what was specified in the will maybe all the property and goods have to be sold , in which case this should be included.

Final thought is that no matter what a will says, so long as all the beneficiaries agree it can be varied. I know we varied my Dad's will as it was set up before a change in the inheritance tax law.

Really think you need some professional advice

[jon1965]

Re: Executors & Beneficiaries

Just noticed, you are not in the UK
Was your Mum in the UK and was the will drawn up under English Law?

[ocraz49]

Re: Executors & Beneficiaries

Yes, English family and Will under English Law.I am not in the UK at the moment.

[Inca]

Re: Executors & Beneficiaries

I don't think proper legal advice (in this case) would be a waste of money,,there are too many variables and a family rift doesn't bode well .
Been there,,done that,..got the battle scars.

[ocraz49]

Re: Executors & Beneficiaries

I am a little confused.
Has probate been granted?
It is quite difficult these days to get a free solicitors consultation however if you can afford it you can get advice for about £100.
As a solicitor said to me when I was winding up my wifes estate , when lawyers get involved the only people who win are the lawyers.
If probate has been granted I believe you have certain rights to see that, also depending on what was specified in the will maybe all the property and goods have to be sold , in which case this should be included.

Final thought is that no matter what a will says, so long as all the beneficiaries agree it can be varied. I know we varied my Dad's will as it was set up before a change in the inheritance tax law.

Really think you need some professional advice

Hi Jon, thanks for your input, yes probate has been granted. Once everything has been signed off and I have signed that all has been done correctly and above board (which it isn't) then I can have a copy of the whole file. But I understand it will be too late then to contest any wrong doings. The will says everything is to be sold and residue to be divided in equal parts. I was told the same as you, if you involve lawyers, they are the only winners as their costs are incredibly high. This is why I am trying to get as much info as I can, to avoid going down that route. Only really important thing I needed to know is whether an executor who is also a beneficiary (ie my sister) can charge along with my cousin, a percentage of the estate for executing. The answer I have had from MissFM seems to answer my question, but I thank everyone for their advice with this problem.x

[jon1965]

Re: Executors & Beneficiaries

Hi again
As Miss FM says, unless they are a professional who have been appointed no they can not.
I believe it is a criminal offence not to carry out the role of executor in a just fashion, maybe your sister and cousin do not know this.
Some legal advice would be well worth it but you will have to either come back to England to get it or do it by email and phone. I am sure that you could find a good solicitor that would help....but there is nothing better than someone's recommendation. Do you know anyone who can recommend, maybe a friend of your Mothers or someone you know who has had to use a Wills and Probate solicitor.

[enquirer]

Re: Executors & Beneficiaries

ocraz49:

Now the threads are merged, it becomes abundantly clear. Time to stop beating about the bush and say it - they are stealing the money.

Get a solicitor on the case immediately. Make sure you use the phrase 'time is of the essence'.

[Inca]

Re: Executors & Beneficiaries

ocraz49:

Now the threads are merged, it becomes abundantly clear. Time to stop beating about the bush and say it - they are stealing the money.

Get a solicitor on the case immediately. Make sure you use the phrase 'time is of the essence'.

:amen: to that,enquirer