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Executor Refusing to Pay

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  • Executor Refusing to Pay

    My mother passed away on 20th June 2020, aged 93. I and my sisters have seen a copy of the will. Although she didn’t own any property, and was certainly not rich, the will stated that any money should be divided equally between me and my 3 sisters. She had elected Shirley, my youngest sister as the sole executor. Shirley initially wanted to use £5000 of the money on a commemorative bench, saying there was enough money to cover it, but we all decided on a much more affordable option.
    Over the last few years she has had very little to do with me and my other sisters and has been the cause of a lot of family upsets. She rarely answers any phone calls we make, but did tell one of my sisters she plans to move ‘up north’. When asked about the will she went very quiet before changing the subject. As she has been unemployed for some years and was previously living on the carer’s allowance whilst living with mum, we all think she is spending the money from our mum’s estate. That is not what mum would have wanted. We can’t afford huge legal expenses to retrieve a small amount of cash but if she has kept it to herself – that is theft.
    On 22nd June I sent Shirley a letter by recorded delivery pointing out that as beneficiaries of mum’s will we are entitled to see a full set of the accounts from the estate. I demanded to see copies of the financial records and that the estate be resolved ASAP. I also said if doesn’t happen I will apply to the courts to remove her as executor and report her to the police if any money is missing. i have not received a reply to the letter. We think the reason for that is that she has already spent all the money.
    My desired out come is that justice is done in that any monies are shared equally between me and my 3 sisters. Shirley should not be able to keep it to herself, especially as my two other sisters are struggling with health and finances.
    I can’t afford to be out of pocket personally, but I want my two other sisters to receive the benefit to which they are entitled.

    Please can you advise me on what I can do?
    Tags: None

  • #2
    Did you sister Shirley apply for probate? If so, you can actually apply to the courts for an inventory of the estate. Your sister will have to face a judge to tell them what has happened to the estate.

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    • #3

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      • #4
        If you intend to apply to the court to remove your sister you might like to read this link: https://www.thegazette.co.uk/all-notices/content/103565

        You might well need professional advice, but as it is a small estate the cost may well out weigh the benefits.
        Perhaps a single fixed fee consultation with a contentious probate solicitor will be the wayforward

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