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My stepmother has died and I am a joint executor in respect of her estate. She was holding the property in which she lived on trust, after the death of her husband and the property now passes to his grandchild (my co-executor) and his sister.
We are unable to agree what is due to be repaid under the terms of the Will. My co-executor has repaid me for the maintenance on the property. The Inheritance Tax Office have looked at the will and told me that I am able to claim for the utility bills, cleaning and gardening, but not the maintenance. The Will says:-
My trustees shall permit my wife to reside therein so long as she so desires and so long as she shall so desire and so reside the said trust for sale shall not be exercised without the consent of my wife I declare that no involuntary ceasing to reside in said property shall be construed as a ceasing to reside therein and that such residence shall in any case be subject to the payment by my wife of the rates taxes and cost of keeping the said property in reasonable repair
but my trustees shall at of the cost of my residuary estate keep the said property insured against fire and damage by aircraft and pay all outgoings other than those above mentioned
I have sent a solicitors letter, and have been paid for the maintenance, which is less than the utility bills. The solicitor advised me to bank what I have been given and try to get the rest out of him, but has now said he is leaving the company and there is no-one else there that can deal with the matter. Can I take him to the small claims court for what I am owed, I would be grateful for any advice anyone can offer me, and I do not know what to do to rectify the situation. My stepmother had been a very wealthy woman and has spent a great deal of money on the property and extensive grounds and travelling with her husband, who had little money when they married.
We are unable to agree what is due to be repaid under the terms of the Will. My co-executor has repaid me for the maintenance on the property. The Inheritance Tax Office have looked at the will and told me that I am able to claim for the utility bills, cleaning and gardening, but not the maintenance. The Will says:-
My trustees shall permit my wife to reside therein so long as she so desires and so long as she shall so desire and so reside the said trust for sale shall not be exercised without the consent of my wife I declare that no involuntary ceasing to reside in said property shall be construed as a ceasing to reside therein and that such residence shall in any case be subject to the payment by my wife of the rates taxes and cost of keeping the said property in reasonable repair
but my trustees shall at of the cost of my residuary estate keep the said property insured against fire and damage by aircraft and pay all outgoings other than those above mentioned
I have sent a solicitors letter, and have been paid for the maintenance, which is less than the utility bills. The solicitor advised me to bank what I have been given and try to get the rest out of him, but has now said he is leaving the company and there is no-one else there that can deal with the matter. Can I take him to the small claims court for what I am owed, I would be grateful for any advice anyone can offer me, and I do not know what to do to rectify the situation. My stepmother had been a very wealthy woman and has spent a great deal of money on the property and extensive grounds and travelling with her husband, who had little money when they married.
