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Executors rights to information on a will

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  • Executors rights to information on a will

    A close relative of mine who is the joint executor and beneficiary of a substantial will has been excluded from the distribution of said will and paid about a third of what he is due and been told there is no more money due to him. How do we go about requesting the other executor supply an inventory of all the assets and their worth, itemised in the will, and how it was dispersed?
    We are pretty sure we know most of the substantial items but only some of the individual values and what they were sold for. What if, when the inventory is supplied that items we know of are deliberately omitted (as we suspect will be the case?)
    Tags: None

  • #2
    Who was granted Probate?

    As a residual beneficiary your relative is legally entitled to see the final estate accounts. If refused your relative can apply to the Probate Registry for an inventory and account order.

    Are Residuary Beneficiaries Entitled to See Final Estate Accounts?
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      If the executor refuses to hand over estate accounts and the dispute cannot be resolved amicably, it may be necessary for your relative executor to apply to court under the Administration of Justice Act 1985 s50 to either:

      Remove the errant executor on the grounds of breach of fiduciary duty and failing to act in the estate's best interests
      or
      Leave the executor in post and ask for court directions how specific estate assets should be valued and managed.

      Court action should be the last resort as it is costly and not quick.

      Comment


      • #4
        This executor may bring court action under CPR Part 64 (https://www.justice.gov.uk/courts/pr...l/rules/part64) requiring the other executors to account for their dealings with the estate.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          There is no probate, there is a formal will.

          Comment


          • #6
            When there is a will named executors still have to apply for the grant of probate Without the grant executors cannot sell estate property and depending on the amount of monet in the deceased's bank accounts, institutions will not release funds to executors.

            Comment


            • #7
              Probate is not always necessary. We have not been told what the estate comprised.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Guides and handbooks for Litigants in Person - :

              https://legalbeagles.info/forums/for...60#post1701560

              Comment

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