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Query over will

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  • Query over will

    Hi - please can you advise if it is the solicitors duty to ensure the executors act appropriately and in a timely manner?
    I am the youngest of 3 sisters whose mum died in March making all 3 of us both executors and beneficiary’s - part of mums will also covered my brother who had a learning disability - he sadly died in May
    1 sister managed mums affairs and the other my brothers
    I have asked them for documents/ information etc and have been ignored
    i asked the solicitor about this and he said in time I should receive something
    is it not his role to peruse this? He said he was not asked to manage my brothers affairs so didn’t
    please can you advise? Thank you
    Tags: None

  • #2

    The solicitor will act on the instructions of the person(s) who instructed him, as long as the instructions are not illegal.
    Did you jointly instruct the solicitor, or was it solely your sister?

    Has a grant of probate been sought or obtained?

    Joint executors should agree on all decisions taken regarding the estate.

    Comment


    • #3
      Thank you for you reply
      The solicitor was instructed by the 3 of us as was the same one mum used to write her will with
      Probate has been granted and I have received my third share of the house, however there was also some cash remaining which my sister said she will share once she has paid all the bills which apparently the solicitor has agreed to

      My main query is in regard to my brothers affairs - my sister was his trustee until he died but all 3 sisters are joint executors and beneficiary’s
      I have asked for details of his affairs but was ignored by my sister
      I went to the solicitor asking him for advice and he said my sister has to share details in time but did nothing to follow it up - should he? Whose job is it to ensure the deceased wishes are done and in a timely manner?
      if my sister keeps ignoring my requests who do I go to?
      We are not looking at a great deal of money in regard to my brother - it’s the principal of the matter

      many thanks again - I am new to this and believe in doing things fairly

      Comment


      • #4
        Sorry for delay in responding, but I missed your last post
        Whilst it is good practice for the one dealing with the bills etc to keep all parties up to date, it can be burdensome and often people will wait until completion for a full accounting, if they want one.
        My brother dealt with my mother's estate and neither my sister nor I ever asked for the accounts. just trusted him.
        Regarding your brother's affairs, if your sister was his trustee I don't understand where your concern comes in, unless you think he was in some way abused.
        Finally you change from "i" to "we", is it just you or does your other sibling have concerns?
        It is the duty of all executors to settle the estate according to the testator's directions.

        Comment

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