Can executors play dirty

[Richard Howlett]

Re: Can executors play dirty

If the Executors distribute the estate and the distribution is not in accordance with the will, then you can sue them personally to recover what you were due to be gifted under the will.

'Moral' does not come into it. The deceased changed her will in your favour. As long as the will is legal, there is nothing they can do legally to stop you from having your inheritance.


If they continue to be obstructive, instruct a solicitor to write to them and remind them of their obligations and what will happen if they procrastinate or if they distribute against the wishes of the deceased.

[Openlaw15]

Re: Can executors play dirty

They may be angry about it, but do they have any grounds to contest the will?
Main grounds for contesting are validity & financial dependancy on the testator

• The will must be made willingly without undue influence from another person
• The testator must be of sound mind and fully aware of the meaning of the document
• The will must be signed by the testator in the presence of two witnesses who, not being beneficiaries, must also sign the document
• The Inheritance Act 1975 provides for the situation whereby a relative that was financially dependent on the deceased at the time of death has a right to claim on the estate if they have been left out of the will.

More than that, there is case going through I believe which challenges the deceased's gift in that if the gift is too scant etc for a son/ daughter but could extend to cousins too, the judge can effectively give them more or a bigger share.

[des8]

Re: Can executors play dirty

The op was (I believe) referring to his siblings and his cousins (ie the testators grandchildren)
The Inheritance 1975 is clear about who may make a claim against an estate.
It doesn't include grandchildren as such, although they may fall under the definition "any person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased"

[Overtherainbow]

Re: Can executors play dirty

I'm back again still not knowing what's going on. I received a letter a couple of months back off another of the executors informing me that I have power reserved. I've done a probate registry search online and the deceased details are there, but I've still heard nothing or received anything.

[des8]

Re: Can executors play dirty

Did you lodge a caveat?
Has probate been granted?
If so were you either named on the application, or were you advised an application was being made?

If they have been truthful in advising you that you have reserved power the other two executors have proceeded to obtain probate, and have told the court that you are not capable of coping with the work and paper! This means the other two executors can proceed without your authority, but you have the possibility of reapplying for probate.
You should have been sent by the probate office a "power reserved " form to sign. Were you?
If not it is possible someone has signed the form on your behalf ie forged your signature.

May I ask your age please? I'm assuming you are over 18, but still unwise in the ways of the world!

[Overtherainbow]

Re: Can executors play dirty

Hi, no I didn't lodge a caveat, this is a hard situation as this is my family and I don't want to rock the boat so to speak. I've received no letter off any authorities only off one of the executors telling me that probate has been applied for and that they've declared that I have power reserved, this was done by a letter sent to me. I don't know if a grant has been issued I only know that the deceased details are on the government online search. Yes I'm over 18 and yes I'm not wise to this kind of thing I've never been in a situation like this before. Thanks for your replies though.

[des8]

Re: Can executors play dirty

I appreciate this is family, and you don't want to rock the boat, but you are in danger of being shafted!
Sorry to be blunt, but you were leant on at the beginning to opt out of your legacy, and now as executor (which carries certain liabilities) you are being excluded.
This exclusion looks as if it has been done illegally. and you don't want to rock the boat!!!!

I would suggest an initial contact with the court to see how the other executors obtained probate without your knowledge.
You can ascertain the probate number, office and date from the online search you did.
Tell the officials you were the third executor, and unaware probate had been granted, and how do you go about changing matters as you did not consent to power reserved.

As a holder of power reserved you can in fact apply for dual probate (I think that's what it's called) which enables you to take part in the administration of the estate, but I would first ascertain what shenahigans your family had been upto before doing that.

[Overtherainbow]

Re: Can executors play dirty

Thanks so much for your reply. How do I go about contact with the courts, I mean which courts? When you say the officials do you mean the probate office that the deceased persons details are registered with? I'm sorry for being so niaive but I guess I can't or don't want to believe that the others are or have tried to get around the will or me as an executor. Would the probate office be able to help or do anything if the grant has been given as I'm assuming it has with the deceased details being visible on the online search.

[des8]

Re: Can executors play dirty

The details on line show which probate office
If you google "probate office ??????" you will be given full contact details, phone, email & address.

You could try emailing them if it is easier than phone contact.
Quote probate details (name number and date of grant)
Tell them you are the third executor, you were unaware probate had been applied for and wonder why you had not been informed.
Please advise.

They will probably say they can't give you legal advice, but you never know it might start the ball rolling.

You should perhaps also consider talking to a solicitor, at least for initial advice.
As an executor costs should be met from the estate (which will be a shake up call to the others!)

[Overtherainbow]

Re: Can executors play dirty

Thank you. I will ring the probate office for which the details appear and tell them of the situation, they may be able to help then they may not. I was told by another close family member that one of the executors had taken the lead role over me and the other and that an oath needed to be sworn by this executor and so I assumed that I wouldn't receive anything from the probate authorities to sign and that things were just taking their course.

[des8]

Re: Can executors play dirty

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[Overtherainbow]

Re: Can executors play dirty

I will see what the probate office say tomorrow and will let you know. Thanks

[Overtherainbow]

Re: Can executors play dirty

Well I got in touch with the probate courts and explained the situation. They told me that if there's more than one appointed executor that one can take solely the lead roles and legally all the have to do is inform the other executor/s by letter of their intention to apply for probate and that they declare your power reserved, and that they (probate courts) don't send anything for other executors to sign. They told me that I can obtain the relevant documents from them, as in the will and the value of the estate concerned. I feel better now after talking with them, and that I will soon be more knowledgeable.

[des8]

Re: Can executors play dirty

The oath paperwork (form PA1) sworn to by the applicant for probate contains a tick box indicating when a named executor opts for "power reserved".
The accompanying notes (form PA1A) require that option is accompanied by a letter signed by the opting executor confirming their option.

Now either that lettter was not with the the PA1 form (in which case probate should not have been granted) or that letter was a forgery!

Either way, I think you should be consulting and instructing a solicitor.
Doubtlessly there will be charges, but as an executor carrying out his duties, these will be paid by the estate.

If you are unsure, you could refer him to this thread, and with luck he will reassure us both