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I wonder if anyone can help with this thorny issue. Mum died in August 2013 leaving my sister, brother and myself as beneficiaries, and my sister and brother as executors. The Grant of Probate dated March 2014. In May 2014 B&S Assented the property to their names - Land Registry records them as Proprietors, and advise that if the Assent had been made to them as Executors, the register would be annotated. There was no record of my interest in the property, but they insist the transfer was made on their capacity as executors.
In July 2014 they wrote to say they would proceed to buy the property at £250k - probate valuation. Prices had risen considerably in the intervening year, so I objected and sent them rough guides of local estate agents' current valuations. One of those agents remembered she had valued the property for probate and said she had rung my brother in Jan&Feb 2014 to let him know the price had risen. I suggested that my B&S should contact agents again for up to date estimates, or test the market by putting it up for sale and seeing what offers came in. They did neither. In October 2014 they commissioned a £540 surveyor's valuation (and charged it to the Estate). In December 2014 they sent the report to me and said they would proceed to buy at the price of £265k and would send me my share of the money when it was available. They did not ask for agreement to the sum or chase my opinion, so I assumed that they were proceeding as stated. In March 2015 I still had not heard so I chased them. They said they had been waiting for my approval and that now they could proceed. That was when I checked the Land Registry records and discovered that they were already owners. I consulted a solicitor who said that they had breached their duties, and wrote to them, but he did not progress anything in the 5 months he was dealing with it and charged me £300.00. Since then I have been trying to proceed myself. MY B&S said that because I had delayed the wind up of the estate by objecting to their original valuation, they would charge utilities up until April 2015, when they claim to have 'completed the purchase'. There is no evidence of any purchase on Land Registry records, they are still listed under the 2014 date as proprietors, the value is still set at £250k and not £265k, and the only entry is a charge by Bank of Scotland.
In June 2015 they sent my share of the property value, but retained a specific legacy of a third share in £10,000 stated in the will for 'unexpected expenses'
I repeatedly asked for the accounts of the estate and finally received them in December. The accounts are undated, unsigned, inaccurate, and not supported by any receipts or documentation. What they show is that my B&S deducted money for themselves for a flight, taxi ride and petrol amounting to £674.92 - this has nothing to do with their Executor expenses where my Sister has charged £1159.20 for petrol. I anticipate that she will say that this is because she had to check the property, she has a large car and the round trip is 72 miles. However, my brother lives much closer (round trip 13 miles) and it seems unreasonable that the executor with the most expensive means undertook that task, and I have no doubt that some of those visits took place after B&S took ownership.
It appears that they have carried out their threat of charging the estate for all the expenses up to April 2015 which means that I have contributed to the cost of the property they owned from the previous year.
Judging by the bank account balances, I estimate that they have taken for themselves more than £1500 of my residuary share of the estate. I have asked for receipts etc but none is forthcoming, and to add insult to injury they want me to sign the accounts, and indemnify them from any claim on the estate 'howsoever arising' before sending me what remains of the specific legacy. The problem is that the solicitor I was instructing wanted £1500 to take the matter forward. Obviously that is not an option. So what I really want to know, is whether I should pursue this through the the Probate Court, or the Small Claims Court? What happens if the Executors refuse to supply receipts and documentation? Can I charge interest because they have delayed my payments for such a long time, and if so, what rate would that be? Thanks for your patience in reading. Hope it makes sense.
In July 2014 they wrote to say they would proceed to buy the property at £250k - probate valuation. Prices had risen considerably in the intervening year, so I objected and sent them rough guides of local estate agents' current valuations. One of those agents remembered she had valued the property for probate and said she had rung my brother in Jan&Feb 2014 to let him know the price had risen. I suggested that my B&S should contact agents again for up to date estimates, or test the market by putting it up for sale and seeing what offers came in. They did neither. In October 2014 they commissioned a £540 surveyor's valuation (and charged it to the Estate). In December 2014 they sent the report to me and said they would proceed to buy at the price of £265k and would send me my share of the money when it was available. They did not ask for agreement to the sum or chase my opinion, so I assumed that they were proceeding as stated. In March 2015 I still had not heard so I chased them. They said they had been waiting for my approval and that now they could proceed. That was when I checked the Land Registry records and discovered that they were already owners. I consulted a solicitor who said that they had breached their duties, and wrote to them, but he did not progress anything in the 5 months he was dealing with it and charged me £300.00. Since then I have been trying to proceed myself. MY B&S said that because I had delayed the wind up of the estate by objecting to their original valuation, they would charge utilities up until April 2015, when they claim to have 'completed the purchase'. There is no evidence of any purchase on Land Registry records, they are still listed under the 2014 date as proprietors, the value is still set at £250k and not £265k, and the only entry is a charge by Bank of Scotland.
In June 2015 they sent my share of the property value, but retained a specific legacy of a third share in £10,000 stated in the will for 'unexpected expenses'
I repeatedly asked for the accounts of the estate and finally received them in December. The accounts are undated, unsigned, inaccurate, and not supported by any receipts or documentation. What they show is that my B&S deducted money for themselves for a flight, taxi ride and petrol amounting to £674.92 - this has nothing to do with their Executor expenses where my Sister has charged £1159.20 for petrol. I anticipate that she will say that this is because she had to check the property, she has a large car and the round trip is 72 miles. However, my brother lives much closer (round trip 13 miles) and it seems unreasonable that the executor with the most expensive means undertook that task, and I have no doubt that some of those visits took place after B&S took ownership.
It appears that they have carried out their threat of charging the estate for all the expenses up to April 2015 which means that I have contributed to the cost of the property they owned from the previous year.
Judging by the bank account balances, I estimate that they have taken for themselves more than £1500 of my residuary share of the estate. I have asked for receipts etc but none is forthcoming, and to add insult to injury they want me to sign the accounts, and indemnify them from any claim on the estate 'howsoever arising' before sending me what remains of the specific legacy. The problem is that the solicitor I was instructing wanted £1500 to take the matter forward. Obviously that is not an option. So what I really want to know, is whether I should pursue this through the the Probate Court, or the Small Claims Court? What happens if the Executors refuse to supply receipts and documentation? Can I charge interest because they have delayed my payments for such a long time, and if so, what rate would that be? Thanks for your patience in reading. Hope it makes sense.
