Consideration of assets in Estate

[RDC]

My father died April 2016. He appointed my siblings as Co Executors – who I’m estranged from for a long time. I was left 49% of the Estate. Since my father’s death I have tried to negotiate with them initially via Family Mediation meetings and than through a Solicitor. . However as part of UK Grant of Probate there’s an foreign asset accounted for. The Executor’s have not considered its sale / plans for this asset for eventual distribution to beneficiaries It’s a material part of the Estate Because of LT illness they have been bullying , harassment and total disregard towards me. I have tried to be AMICABLE and equitable as I remember the old adage ‘’ … health before wealth.’’ I was thinking of removing them as Executors in a cost effective manner as they are threatening to sell the house where I have lived for the past 24 years. There’s enough equity in the Estate to resolve matters is there any advice?

[Peridot]

Hi RDC,

Sorry to hear of your issues, following the loss of your father.

We will need a little more information to try and point you in the right direction. Are you based in the Eng/Wales and living in a property in Eng/Wales that was owned by your father, is that correct? Did you live at the property with your father? Is the property the main asset of the estate?

You mention a foreign property, is the country it is located in bound by any succession rules that have to be followed. For example in Eng/Wales you can leave a whole property to an individual, whoever you like whereas in France there are strict rules of who can inherit any property and how it should be divided.

You mention that you are due to inherit 49% of the estate can you expand on how the Will deals with property and the residue. Or, did the will just lump the whole estate together to be divided 49% to you and the rest as percentages between your other siblings? A little more information about the Will would be helpful.

Do you know what your father's estate comprised of loosely? How do you know the estate could be divided in the correct shares as stipulated under the Will and allowing you to stay in the property?

I'm sorry I don't know what LT illness is could you clarify.

I'm afraid lots of questions not many pointers so far. All I would say at this stage with no further information is Court should always be the last option if at all possible any issues should be dealt with between you all. It looks like you have tried with mediation already and it may be helpful to know a little more detail about what offers were made and whether any reasons were given for not accepting any offers that you had made? From the limited information you have given so far I'm not sure there is any justification for the executors to be removed with more information that may not be the case.