Unhelpful executor

[Hobnob50]

Hello,

I'm concerned my youngest sister as sole Executor is not administering my Dad's estate properly. Any feedback/suggestions on my questions below would be most grateful.

Many thanks.

Hobnob

Background:

1. My father passed, aged 90, on 30th Sep 2024 after a long illness. I’m the eldest daughter of three and I’m a beneficiary of his estate (I haven’t spoken to my youngest sister in over 25 years).
2. Dad changed his will twice, in 2023 to make my youngest sister the sole executor (there were three executors originally) and in Oct 2023 to add 4 grandchildren as beneficiaries and to provide two payments to my other two sisters, I was not consulted or indeed given a payment.
3. In April 2024 Dad paid the grandchildren and the middle daughter their inheritance, but I was not informed. I requested information from my youngest sister (who was overseeing Dad’s affairs) about several matters but only received terse and inadequate responses.
4. Due to the lack of information forthcoming, I applied to stop the grant of probate application on 7th Nov 2024 and subsequently withdrew this on the 16th Dec 2024. During this time I took advice regarding my concerns.
5. The Probate was granted on 31st Jan 2025 (Gross value £650,000). The executor continues not to be forthcoming in providing information unless I repeatedly request it.
6. 17th Mar 2025, I finally received an interim set of accounts/spreadsheet.

Questions:

1. The accounts do not reflect the value submitted for probate. Is this right?
2. The spreadsheet does not tally properly i.e. columns not totalling properly, and incorrect information has been submitted. Does this constitute poor administration?.
3. There are fuel payments (travel) to the Executor and also to the middle sister who is only a beneficiary. I’m aware the Executor can claim “reasonable” expenses but surely not a beneficiary.
4. Is it "reasonable" that an Executor can charge for fuel when visiting Dad in hospital and attending his funeral?

[PallasAthena]

Questions:

1. The accounts do not reflect the value submitted for probate. Is this right? Probate value is Executor's best estimate at time of submitting the probate application. Inevitably some values will change before the estate is finalised. Usually the changes are not significant except where the estate includes a house. If the probate value of a house turns out to have been wrong executors need to consider whether HMRC need to be notified as it may mean any IHT paid is incorrect.
2. The spreadsheet does not tally properly i.e. columns not totalling properly, and incorrect information has been submitted. Does this constitute poor administration?. Poor record keeping, yes. Ask the executor to correct it. Has it been done on an Excel (or similar) spreadsheet? If the actual spreadsheet has been sent to you it may just be that the ranges have been wrongly set. Self evidently the estate accounts must add up correctly.
3. There are fuel payments (travel) to the Executor and also to the middle sister who is only a beneficiary. I’m aware the Executor can claim “reasonable” expenses but surely not a beneficiary. Executors can only claim back out of pocket expenses incurred by the executor in carrying out their executorship duties. If it isn't clear how travel costs of a beneficiary are an expense of executorship ask for an explanation. https://www.phrsolicitors.co.uk/lega...executor-claim
4. Is it "reasonable" that an Executor can charge for fuel when visiting Dad in hospital and attending his funeral?No. Expenses incurred before your Dad died cannot be an expense of executorship as your sister did not become the executor until after he died. Attending the funeral is not a task or duty required of an executor so travel for that purpose cannot be claimed. She attended in her capacity as his daughter, not as his executor. However, that said it is usual for the Funeral Director to provide transport for the family to accompany the funeral cars to the church/cemetery/crematorium as part of the overall funeral arrangements and that would be a legitimate expense so personally I wouldn't quibble over your younger sister's travel costs if for some reason she had to travel separately.

Are you a residual beneficiary under the Will? In which case you are entitled to receive accurate estate accounts and to challenge any items that have not been correctly treated. However most of items that you refer seem likely to be for very small amounts in relation to the estate value overall and you might want to concentrate on the important stuff. I would want to keep an eye on what happens about the amount that your Dad paid to the grandchildren and the middle daughter in April 2024. Although you describe it as their inheritance it was actually a gift paid while he was still alive. So would the wording of the Will allow it to be paid again by the Executor?

I assume you have a copy of the Will but if not as Probate has been garnted you can download a copy of it from here: Search probate records for documents and wills (England and Wales)

I can understand why you feel upset about not being consulted by you Dad about the changes he made to his Will in 2023 but he was under no obligation to consult or inform you. Nor is your younger sister, the Executor, required to provide information about what happened prior to your Dad's death because she was not then an Executor.

[Hobnob50]

Hi Pallas Athena,

Many thanks for your responses, much appreciated.

Regarding point:-
1. I understand that estimated values can change etc. but my point was, there are no values at all included in the accounts. The gross value of the probate was £650,000 and I would have expected to see this figure broken down in the accounts so I could then review and if needed comment further. So,
2. I will make the Executor aware and ask that the corrections be made.
3 & 4. I will ask for validation/explanation of all the expenses to date. The funeral costs are in the accounts and include cars to and from the crematorium, as you noted. However, the travel costs to date exceed £1,200 which I feel is something to "quibble" about.

Given the situation between me and my youngest sister, it has been challenging to access information about Dad's affairs pre and post his passing. She convinced Dad to change his will (less than a year before his passing) to make her sole executor when there were previously three executors (a representative for each beneficiary). Therefore, I want to ensure that she performs the role of executor properly and if not, then pursue avenues to have her removed.

Regards.