Non communicative executor to beneficiaries

[des8]

Re: Executor disposal of belongings and non communication

Hi there,

Have posted previously regarding a very non communicative executor. Literally no communication in a number of months.

After speaking to a solicitor and explaining the situation, they have said some concerning things.

Namely the executor has said she donated the contents of my grandmothers property to charity. This is apparantly not allowed to be done, the contents should have been placed in storage and she may have broken the law. Is this correct This is correct to an extent. The executor has to realise the assets, and do their reasonable best for the estate. If the cost of storage of the contents exceeded the value of the goods (second hand household goods are possibly commercially valueless) the executor could argue that donation to a charity avoided house clearance costs and storage charges.
Also if my sister, niece and I are the sole beneficiaries, is she allowed to keep items such as photographs etc or is everything in 'the estate' ours? NOTHING goes to her, unless the beneficiaries agree to it.

It is a very fractured relationship and the lady who is the executor can be extremely spiteful. The problem I have is that we are unable to gain a copy of will as it is not in probate, so We dont actually have any idea what it says etc.

The lack of communication is very suspicious. She has blocked my sisters number to her phone, she is not returning any calls nor messages.

What are the legal rights as beneficiaries?

What happens if the executor does not produce accounts?

Can an executor stop the beneficiaries from receiving inheritance?


Im getting concerned as there has been zero communication apart from the executor apart from one initial message.

A beneficiary may write to the executor advising an application will be made at court to appoint someone else to administer the estate.
A beneficiary is entitled to apply for a grant of probate, but this is only permissible by court order. If the next of kin does not have a copy of the original will which is in the named executor’s possession, then a subpoena must be served upon the executor to deliver up the original will within 8 days. After 8 days of the service of the subpoena, the next of kin is entitled to lodge a citation at court and serve the same upon the named executor. A citation is a direction issued by the court requiring the named executor to either accept or refuse the grant of probate.
My thoughts in red!

- - - Updated - - -

[Lunamama]

Re: Non communicative executor to beneficiaries

This will be costly surely?

[Lunamama]

Re: Executor disposal of belongings and non communication

Also without seeing the will we can't be sure we are sole beneficiaries but from the information we have received that is what we are led to believe.

[Lunamama]

Re: Non communicative executor to beneficiaries

Again, should she have not consulted us before disposing of my grandmothers property? Should there not of been an inventory of the belongings?

From all the information given, do you think that she is acting irresponsibly and do we have a case against her?

I really did not want to get into legal proceedings as can't afford it.

[des8]

Re: Non communicative executor to beneficiaries

I'm afraid that if you are not prepared to us the court system there is little else you can do.
How else do you think you can proceed?
You said earlier you wanted to avoid legal action because of the stress, and yet you are obviously stressed about the situation anyway.
She is the executor,and apparently no probate is required. Presumably it is a very small estate.
Your best way forward is probably as per post 11.
If you are on a low income you may qualify for fee remission (http://hmctsformfinder.justice.gov.u..._forms_id=4396)

[stevemLS]

Re: Non communicative executor to beneficiaries

Just going back to basics as to whether or not probate was required.

Right back in post 1, the executor referred to back rent on the council flat and then referred to the sale of the apartment - are they one and the same property?

As to the apartment not forming part of the English Will, as far as I knew, the deceased's property, worldwide, is their estate?

I may well have missed something, have slightly skim read.

[des8]

Re: Non communicative executor to beneficiaries

There are a number of inconsistencies in the postings which I put down to terminological inexactitude

[Lunamama]

Re: Non communicative executor to beneficiaries

Well, I am not overly too stressed about it. I'm of the view let's see how it pans out. however, my sister feels that something fishy is going on and is looking at getting authorities involved. I wanted to avoid this at all costs but after hearing that she shouldn't have thrown my grandmothers things away and has said things like she has got the photographs that I can have copies of makes me think she may have other things that she is not supposed to and is not going to relinquish them.

In regards to the apartment. No they are not the same property. My grandparents owned an apartment in Italy.

Probate is apparantly not required....

I just want to know what she can and can't do.

She does not have our addresses for any correspondence, she has not given us any details of amounts, what's been left etc.

Is she liable for anything?

Many thanks for your time.

[des8]

Re: Non communicative executor to beneficiaries

Basically the "authorities" are never going to become involved unless wrong doing (ie breaking the law) can be proved.
Your sisters unease, and the executors non communication are not proof of anything.
Your grandmother has passed away, and you understand she left a will.
You have not seen this will, but think it names three beneficiaries (but there may be more)
You have been told that X is appointed joint executor with Y who is in Italy.
The will apparently only deals with the deceased's UK assets, her Italian assets being dealt with in a separate will.
You have been told that probate is not required. I have assumed this is because the UK estate is small, but you have not confirmed this.
You are still within what may be considered a reasonable time to deal with the estate.
You complain that you have not been kept informed, but now say the executor is not in possession of your address.

If you want to sort this out see post 11, or to really put the cat among the pigeons apply for letters of administration yourself (but warn the "executor" first that you don't believe a will exists, nor that she is appointed executor)

[Lunamama]

Re: Non communicative executor to beneficiaries

Thankyou for taking time to respond. There is a will, we spoke to the solicitors that were holding it. They would not let us see it.

No she does not have our address. I have offered it numerous times in case she needed to correspond with us. She does have our phone numbers.

Funnily enough, she contacted us today to say the estate has been finalised. she also states among other things (unprintable here)


'My understanding (but none of my business) is that the property in Italy was in joint names - a new requirement due to the financial situation there (it is the same in Greece and Spain). A solicitor may be able to advise you further.

(This confuses me as she went over to Italy in March to sort things out)



The estate is now sorted but I require yours, N & L's bank account details if you wish to receive remaining money due to you. I will require signatures on receipts and also for other items in accordance with your Nonna's wishes. (I still need to list them and then decide how best to distribute them)'



My response

Apologies for another message, i appreciate you are very busy.

I need to ask how you plan on distributing the possessions and gaining our signatures? You have no addresses for us and say you have no wish to see us, how is it to work? As previously stated I've not been in this situation before.

Would you place it in someone's care? Is this going to be done by post?

If it is to be done by post, will you need my address?



It seems to be above board ish over here....I do think that there is something going on over in Italy, but that is something that can not be assisted with on here.


Many thanks for your advice.

[des8]

Re: Non communicative executor to beneficiaries

Glad to hear the matter seems to be drawing to a close.
As a beneficiary don't forget that you are entitled to see a copy of the estate accounts.

[Lunamama]

Re: Non communicative executor to beneficiaries

Yes, i know. Can I just request them, or would it have to be in writing.

I have one more question, would the executor normally have to inform the beneficiaries what they are to receive in terms of funds etc?

It's so delicate and I'm desperately trying to remain calm and dignified.

[des8]

Re: Non communicative executor to beneficiaries

It would be normal practice for the executor to supply a copy of the accounts to each beneficiary and to obtain their signed agreement to them before releasing the legacies to individual beneficiaries.
This is for everybody's benefit, but doesn't mean your executor will follow!