Executors duty to provide beneficary with accounts when requested

[Tigi]

Re: Executors duty to provide beneficary with accounts when requested

Hi thanks for your response and thoughts. Probate was 15th June 2017. I waited for 6 months from date of death for the period for any claims against the estate to elapse, knowing that there would not be any anyway. The estate left is only around 70K, 10K to myself and daughter as specific legacies and the rest to the 2 residuary beneficiaries who are the executor brother and my eldest daughter. There are only the 4 of us in the will. The only possible claims against the estate would be from myself as not receiving anything in the residual estate, which I would not do. There are no other brothers and sisters nor even close relatives. I am sure the death was kept from me with the intention that I did not know about any death and will and I would not have received anything had I not shown my hand. I am equally sure that as I have been told accounts have been distributed to the residual beneficiaries that so has the money been distributed and used by both himself and the daughter in Australia. I had considered waiting the year and then going to the police, with the unfortunate outcome then that there may have been no money left. I am unable to prove without some involvement that he and the other residual legatee have long ago split their shares, and that my eldest daughter will believe from the accounts she has had that our specific legacies have been paid. It would not surprise me that there is nevertheless nothing I can do and he knows it. I have no doubt I will receive nothing at any point in those circumstances. Seeing a solicitor is unlikely to do anything but cost me money and no progress. In the meantime I believe the money is available, much of his share will already have been spent, and there is no bona fide reason for him to retain mine and my daughter's share in his bank. Incidentally my daughter has been unable to work for the last 2 years , has no money of her own and we as pensioners are totally financially supporting her, giving me every reason to contest the will if I chose. I do not want the stress and hassle and in fact have been the only one who declined to keep taking money from my mother in her final years.

[des8]

Re: Executors duty to provide beneficary with accounts when requested

If you are really concerned you could as the estate appears to be concluded apply to the probate registry for an inventory and account order.
You would need to use Form N208 with a supporting affidavit

Perhaps if you write to him (one last time) advising him this is your intention if he does not release your legacy within say the next 14 days.

If the executor has disposed of your legacy contrary to the law and directions of the will you would need to initiate a civil claim against him.

[Tigi]

Re: Executors duty to provide beneficary with accounts when requested

Thanks Des 8, I will have a think and I might just do that. I read your other post about the Administration of Estates Act and I might just quote from that. I have already had it quoted at me that I am not entitled to a copy of the final accounts under the Act but of course from your posts the Court certainly can ask for it on application. I am just being played. Will let readers know if there is any other outcome. I remain appalled from what I have read from the last few weeks about the lack of control and remedies in relation to the actions/non-action of executors using delaying tactics which are clearly not bona fide real issues and problems but attempts to avoid justice. Thanks again for clearing my mind.

[Peridot]

Re: Executors duty to provide beneficary with accounts when requested

Hi Tigi,
A difficult situation for you.
The executors have a duty to follow the Will. It may be worth pointing that out to them in a recorded delivery letter. You would be within your rights to bring a claim for your legacy, which if successful, would probably order the costs to be paid by the executors not yourself.
It may be worth obtaining a free half hour with a contested probate specialist. Take the information and copy Grant and Will with you. They may say sit tight for a while but they will also indicate what options you have open to you.

[Tigi]

Re: Executors duty to provide beneficary with accounts when requested

Thank you Peridot for taking the time to reply. I am still thinking on whether/what to write. I had been thinking if I said I was going to ask for Court to request accounts it might force some action, on the other hand it is more likely he will dig his heels in further, depending on how much there is to hide. When you say bring a claim for the legacy do you mean in the small claims Court, as I had considered whether this might be appropriate as he clearly has the money in his own account and not an executor account? However still deliberating the way forward in the light of the responses I have received. I suspect doing nothing is not an option which will produce any results.

[Peridot]

Re: Executors duty to provide beneficary with accounts when requested

Hi Tigi,
Yes, suing the executor of the estate for the sum due to you. In the first instance I would write setting out your understanding and why you believe you are entitled to the legacy (under the Will) and when he believes the sum will be due. Maybe indicate when you expect a response by which also indicates a time scale for payment.
If you feel you have already received the info the executor is likely to provide maybe request an up date in the absence of which confirm that you will be taking legal action, both requesting estate accounts and if necessary suing the executor for the sum due for which you will seek a costs order be made against him.
Do bear in mind the executors year as Des8 mentioned. The executor may well fall back on this but at least you will have indicated what you propose doing if you don't receive a satisfactory response, indicating when payment will be forthcoming for you and your daughter, within 21 days.
Do get yourself some free (or reduced fee) advice you may find it clarifies matters for you so you can choose the most appropriate option for you and your daughter.

[Tigi]

Re: Executors duty to provide beneficary with accounts when requested

Hello again Peridot
Thank you again for your helpful advice. It is quite humbling that people who don't know us will offer of their time to help when no-one else will. I am not quite up to responding for a few days until I am ready but you can rest assured I will not allow money to be stolen from us whatever initial course of action I take. I do believe I need to keep up the pressure though.

[Curlytop]

I too am a residual beneficiary of my Mothers Estate. The executor will not communicate with me at all.