Help!!! Estate Matters Inheritance

[teram]

Hello
I desperately need some sound advice regarding the above. 3 years ago my mother passed away and my sister and I were beneficiaries by will. There were 2 executors one being my sister. The other executor passed away before finalising the estate, although all monies had been paid to beneficiaries. Since then the deceased executor's executor has said he is taking the estate back to Probate. Is this legal? I have received an email from him which is saying that it will cause extremely high costs to both us beneficiaries. I am not sure why he is doing this, what can I do? Please can someone help as he says he is submitting the paperwork next week.
Kind regards

[des8]

Re: Help!!! Estate Matters Inheritance

was the deceased executor also a beneficiary of your mother's will?

[Openlaw15]

Re: Help!!! Estate Matters Inheritance

Hello
I desperately need some sound advice regarding the above. 3 years ago my mother passed away and my sister and I were beneficiaries by will. There were 2 executors one being my sister. The other executor passed away before finalising the estate, although all monies had been paid to beneficiaries. Since then the deceased executor's executor has said he is taking the estate back to Probate. Is this legal? I have received an email from him which is saying that it will cause extremely high costs to both us beneficiaries. I am not sure why he is doing this, what can I do? Please can someone help as he says he is submitting the paperwork next week.
Kind regards

First of all the will has been distributed (administered) so the estate has been settled. Secondly, on what grounds does he think he can take it back to probate? As far as am aware as long as the formalities for the gift type have been dealt with according to their type then that normally would be the end of the matter. Depending on the gift, the formality is usually delivery ie the gift is to pass from the executor to the beneficiary as per the will maker's intention. Any claims if they are to be had or indeed if they were to exist are against the beneficiaries as the estate has been distributed. If the will was administrated properly as the will-maker's intention (ie not fraudulent) I do not know how there can be claims against the beneficiary recipients.

[teram]

Re: Help!!! Estate Matters Inheritance

Hi Des
No he was just an executor. A cousin of ours.

[teram]

Re: Help!!! Estate Matters Inheritance

I assumed the estate was settled myself, but could I pm the email so you can read for yourself as I do not understand why he wants to do this. Please let me know and I will send it.

[Openlaw15]

Re: Help!!! Estate Matters Inheritance

I assumed the estate was settled myself, but could I pm the email so you can read for yourself as I do not understand why he wants to do this. Please let me know and I will send it.

yes, it'd certainly like to read it

[des8]

Re: Help!!! Estate Matters Inheritance

As the deceased executor was not a beneficiary of your mother's will, it is difficult to understand what his executor is looking for, unless it is reimbursement of that executor's
expenses.
To do that he would need to show those expenses were reasonable and unpaid.

[teram]

Re: Help!!! Estate Matters Inheritance

I do not really understand where he is coming from to be honest. My cousin already deducted £1000 out of the estate for his services, as he called it. As per OpenLaw, could I pm the letter received to see if you can make sense of it? Although't iI haven't heard from him as yet, as it was early hours of this morning when I sent it to Openlaw, It would be interesting to have 2 views on the letter. I really need all the help I can get.

[Amethyst]

Re: Help!!! Estate Matters Inheritance

Does this help at all ? http://www.legislation.gov.uk/ukpga/...ted?view=plain

If the executor dies then the executor of the executor (lol) takes over? I think.

[des8]

Re: Help!!! Estate Matters Inheritance

Does this help at all ? http://www.legislation.gov.uk/ukpga/...ted?view=plain

If the executor dies then the executor of the executor (lol) takes over? I think.

But only if there is no other surviving executor???????

7Executor of executor represents original testator

(1)

An executor of a sole or last surviving executor of a testator is the executor of that testator.


By all means PM that email, but you will be better advised to post it (suitably redacted) on open forum as per forum rules.

[Amethyst]

Re: Help!!! Estate Matters Inheritance

I wonder if maybe that is where this executor of the deceased executor is coming from?

( I don't know, this isn't my area whatsoever )

[enaid]

Re: Help!!! Estate Matters Inheritance

If the cousin was not a beneficiary, just an executor and he died then the other executor (your sister) takes on the role on her own. This is why often more than 1 executor is named in case things like a death, or someone not wanting or able to carry out the duties.
It looks to me and I may be wrong, the executor of the the deceased cousin thinks as an executor he was automatically a beneficiary and therefore entitled to something.
This is not the case and unless the cousin was named as a beneficiary in the will and what he was bequeathed then I don't think he has a leg to stand on no matter how much he threatens you.

[enaid]

Re: Help!!! Estate Matters Inheritance

I do not really understand where he is coming from to be honest. My cousin already deducted £1000 out of the estate for his services, as he called it. As per OpenLaw, could I pm the letter received to see if you can make sense of it? Although't iI haven't heard from him as yet, as it was early hours of this morning when I sent it to Openlaw, It would be interesting to have 2 views on the letter. I really need all the help I can get.

An executor is only allowed to claim out of pocket expenses against the estate.
Out of pocket expenses mean: postage, photocopies, official fees for certificates, etc, telephone calls, essential travel, etc.
I think I would ask for proof of the £1000 already taken by the cousin that it was actually out of pocket expenses.

[Openlaw15]

Re: Help!!! Estate Matters Inheritance

An executor is only allowed to claim out of pocket expenses against the estate.
Out of pocket expenses mean: postage, photocopies, official fees for certificates, etc, telephone calls, essential travel, etc.
I think I would ask for proof of the £1000 already taken by the cousin that it was actually out of pocket expenses.

There can be up to 4 executors, just like there can be up to 4 trustees.

[teram]

Re: Help!!! Estate Matters Inheritance

Hello Enaid and thank you for the advice. I would have thought the same as you that my sister would have to finalise, which I think she thinks she has done as I received a final cheque a week after my cousin passed away. He was not bequeathed anything in the will.

If the cousin was not a beneficiary, just an executor and he died then the other executor (your sister) takes on the role on her own. This is why often more than 1 executor is named in case things like a death, or someone not wanting or able to carry out the duties.
It looks to me and I may be wrong, the executor of the the deceased cousin thinks as an executor he was automatically a beneficiary and therefore entitled to something.
This is not the case and unless the cousin was named as a beneficiary in the will and what he was bequeathed then I don't think he has a leg to stand on no matter how much he threatens you.