Administrator witholding my inheritance

[Rupertdoes]

Hello everyone. Im a new poster whos having trouble with my sibling who is the administrator of my mother's estate. There are 5 of us and we have finalised the sale of the house just over 5 weeks ago. Apart from the house their is only a few bank accounts that are part of the estate.

Probate was granted almost 2 years ago and now the home has been sold i am wanting to claim my share of the estate. However my sibling is not replying to my requests and will not distribute the estate. Is there anything i can do in this matter?

Any help is greatly appreciated

Thank you

[des8]

Re: Administrator witholding my inheritance

Hi and welcome.

Do you have any idea why your brother is failing to distribute the estate?
Are your other siblings dissatisfied with the progress of the settlement?

As a beneficiary you don't have many rights, but if distribution is delayed over 12 months you are then entitled to interest on your legacy.
Perhaps you should mention that to your sibling!!

Your final action is to write to him requesting an accounting of the estate.
If you are then still not satisfied you can apply to the court to have him disqualified and replaced.
However there are only very limited grounds for succeeding.

[Rupertdoes]

Re: Administrator witholding my inheritance

So the administrator could hold my share for as long as they wish?

[des8]

Re: Administrator witholding my inheritance

Not really!
For extreme tardiness you would possibly have a case for removing him, but it is not easily done.
There needs to be serious misconduct which leads to the estate suffering.

When you have not received a satisfactory response to your letter (post 2) you make an application uder CPR 57.13.
Your application must be accompanied by

1. A certified sealed copy of the grant of probate or letters of administration.
2. A witness statement setting out the reasons why the removal or substitution of the executor is sought (referring to his disqualification, incapacity or unsuitability), particulars of the deceased’s assets and liabilities, those who are in possession of documents relating to the estate, names of beneficiaries and details of their interest and the proposed individual to substitute the executor.
3. Unless the proposed executor is the official solicitor, his signed or sealed consent to act.
4. A witness statement of the proposed executor’s fitness to act in such capacity, if he is an individual.

[Rupertdoes]

Re: Administrator witholding my inheritance

I should mention he is using a solicitor who is holding all the money in a estate account or was holding the money. As far as i know none of the other siblings have received any correspondance yet either regarding their share?

[des8]

Re: Administrator witholding my inheritance

If he is using a solicitor to administer the estate have you tried writing to the solicitor?
You might not get a reply.
However if the house sale was only completed 5 weeks ago, and it is being handled by a solicitor, IMO you should be a little more patient as these things can drag on.