Executor not reacting to anything

[Guest]

It is over a year since our Aunt died, my wife is the sole beneficiary an amount of just on £9k the executor is her next door neighbor she has not put it through probate, she sent a copy of the will but doesn’t reply to any letters, we have had a solicitor send letters and has said after expenses just under £5k is left, this has taken a year to get to it’s affecting the wife’s health, so we accepted and told them to send a cheque to the solicitor s since then the solicitor has had no response.Now the solicitor says we would have to get the litigation involved a minimum of about £3.5k win or no fee. How can a person get away with basically keeping the money and us having to pay all this money to get a few hundred back, is there a cheaper way of doing this say through the small claims or involve fraud procedure to force the issue, this person seems to have no conscience.

[ostell]

Start the litigation yourself.* Small claims court

[des8]

You might find that just the threat of a claim against the executor for* breach of trust will obtain a response.
If not, your wife can initiate the claim herself.
if you are worried about DIY, do you have legal expenses insurance with your household policy?
Or come back here with more info and you can get guidance.
When she sees you are serious, and it is going to cost her, she will quite likely pay up (if she hasn't already spent the money!)
*

[Amboman]

It has taken numerous registered letters from the solicitor *to the executor to get as far as she has said what her outlay has been, and what was left but has not made any further contact after we said just pay up the amount left.The solicitor *has not had any further response from her and said litigation is the way forward but as I previously wrote at great expense.As she has admitted to an amount left would a small claims court accept this as an outstanding debt. We fail to see paying out large amounts to receive back a small amount ( no fee if lost) acceptable and now are looking for a way forward to stop this woman keeping money unlawfully,we cannot afford to pay out large solicitor fees

[des8]

As suggested: DIY or legal expenses insurance.
IF DIY step one is send letter before action.
*

[ostell]

For the sums involve a max of £185 initial cost, which you add to the claim. https://www.gov.uk/make-court-claim-...ney/court-fees
Then a hearing fee, similarly low. Claim for the amount she says is left as you have proof of that, unless you want to aim higher and reduce it in court when she comes up with some figures

The receipt of the claim form will probably make her take action.

As said you need to send her a letter before claim (link on the right of the page) and give her, say, 14 days to respond.