Inheritance dispute - illegal use of estate fund?

[Gina1234]

Hi All,
i was wondering if anyone on here can give some advice. We have an estate that was left to 3 beneficiaries, which out of the 3 one is the estate administrator. This person has decided to hire their own solicitor and use the estate fund for personal and estate matters. Not releasing the fund or providing details/bank statements of the estate accounts. Racked up a huge solicitor bill and has taken it out of the estate funds, *I am in not place to hire my own solicitor and I’m not eligible for free solicitor help. So I just Need some advise on where to go from here? I feel like I’m stuck and my inheritance is being spent illegally right under my nose and there is nothing I can do about it.*

[des8]

Sorry to hear of your concerns, but need more info

Was there a will?
If so who was appointed executor?

If there was no will how did this person become "administrator"?

Has probate been sought and granted?
If so when?

If no estate accounts have been provided how do you know the administrator "has racked up a huge solicitor's bill" and used " the estate fund for personal and estate matters."

[Gina1234]

There was No will, this person appointment themselves as administrator and signed by probate registry. Probate has not be granted, I have no funds to go down that route. I have received a draft estate accounts which shows 50K worth of solicitor fees which I have asked for a breakdown and have been advised I will not receive these, also for bank statements which their solicitor has outright advised I will never see.

[des8]

" this person appointment themselves as administrator and signed by probate registry. Probate has not be granted"
Sorry, but that statement is not clear.

Did she obtain letters of administration?
If so when?
Who are the three beneficiaries? eg children of the deceased or whatever,

[Gina1234]

They have self appointed themselves as administrator signed by the courts, *Letters of administration was in signed in 2011.
three beneficiaries are children of our father.

[des8]

It has taken 9 years to sort out the estate???
Was it very complicated?
Did the estate include overseas properties/

[Gina1234]

Nope just 2 properties. That’s the issue both have been sold. *1 undersold without mine and the other beneficiaries approval which is another matter. Draft estate I have reviewed and still don’t agree with majority of costs on there, which comes back to me asking the solicitor for Proof and bank statements which she has outright declined advising I will never see them. Is there a way I can request a solicitor of my own and use the estate fund to pay for the fees? I currently have no savings or income to be able to afford legal advise. Seems unfair she has the say when is comes to what can come out of the fund when we all have a equal right.

[Gina1234]

Or is there something I can do myself and request this information through the courts?

[Gina1234]

Just a thought is it possible I go straight to their accountant who has this information and ask them if their solicitor is not providing what I ask*

[des8]

The solicitor was instructed by your sister and so as she is his client he is restrained from disclosing any information to you.
The accountant will probably say the same*
Your course of action is to apply to the court for an account and inventory of the estate
To save my typing* you might find this link of help:*https://www.human-law.co.uk/_cmroot/...d-account.aspx

[Gina1234]

Thanks what forms do I need to fill out to get the ball rolling on this please

[des8]

Sec 61 of the Non-contentious Probate Rules 1987 apply (http://www.legislation.gov.uk/uksi/1....xht?wrap=true)
You will be requesting the court to require the inventory and account under s.25 Administration of Estates Act 1925 (as amended).

The form is from the Probate Registry that granted probate and headed: " Summons Form".

-the affidavit has to show deceased and date of death
-executor
-Date probate granted
-Requests for inventory and account and failure to produce.
-Fact that applicant is a beneficiary

As you will need a solicitor for swearing the affidavit, it might be worth having a fixed fee session to check the application is being made correctly.