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Help with problems with executor of will

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  • Help with problems with executor of will

    Hi,

    I am the beneficiary in a will from my father, the will is simple,
    everything to be split between myself and my brother and sister.

    My sister has been made executor.

    She has become very nasty and has changed the locks on the house and is
    making accusations and generally not telling us anything.

    The house goes up for sale in two days and I don't know who with or even
    what the valuation is.

    Can she act this way?

    What rights do I have to stop her selling the house to her son, for
    instance, for less than the market value?

    How do I get her to give the settlement of the estate to me, without delays?

    Can she change the locks on the property and not let myself or my brother in?

    I have asked several times for the name of the solicitor she is using but
    she wont tell me, is this allowed?

    Do I get to see what has gone out of my fathers bank account since he died?

    I'm sure he had more than one account, how do I make sure that I get to
    see all accounts?

    Generally I need to know my rights as I think she is seriously considering
    cutting myself and my brother out of the house sale, or at the very least,
    giving us a lot less than the market value share.

    Any advice would be most appreciated.
    Tags: None

  • #2
    Re: Help with problems with executor of will

    I'll ask someone to have a look at this for you [MENTION=141]enaid[/MENTION]

    Comment


    • #3
      Re: Help with problems with executor of will

      Thank you so much I really appreciate your help

      Comment


      • #4
        Re: Help with problems with executor of will

        Originally posted by pennywesthead View Post
        Hi,

        I am the beneficiary in a will from my father, the will is simple,
        everything to be split between myself and my brother and sister.

        My sister has been made executor.

        She has become very nasty and has changed the locks on the house and is
        making accusations and generally not telling us anything.

        The house goes up for sale in two days and I don't know who with or even
        what the valuation is.

        Can she act this way?

        What rights do I have to stop her selling the house to her son, for
        instance, for less than the market value?

        How do I get her to give the settlement of the estate to me, without delays?

        Can she change the locks on the property and not let myself or my brother in?

        I have asked several times for the name of the solicitor she is using but
        she wont tell me, is this allowed?

        Do I get to see what has gone out of my fathers bank account since he died?

        I'm sure he had more than one account, how do I make sure that I get to
        see all accounts?

        Generally I need to know my rights as I think she is seriously considering
        cutting myself and my brother out of the house sale, or at the very least,
        giving us a lot less than the market value share.

        Any advice would be most appreciated.
        An executor whether a beneficiary or not must act impartial (ie offer no bias) when distributing the estate. The executor is essentially a relationship of trust and must act reasonably. An executor must follow the Will to the letter and effect of the testator's intent otherwise any gift can be challenged in court. They could also get in serious trouble, ie theft or fraud. You can also sue the executor for damages for any losses as they owe a duty of care.
        Last edited by Openlaw15; 9th March 2016, 16:58:PM.

        Comment


        • #5
          Re: Help with problems with executor of will

          Hi, if you have no idea of the value of the property there are sites on line you can visit to get a rough idea.
          The executor has to do the best he can for the estate and therefore the beneficiaries and follow to the letter the details in the will.
          Once probate has been granted it becomes public and can be obtained HERE, accounts are not recorded just the 'gross' and ,net' values of the estate as submitted by the executor.
          The info you get should then a rought idea as to the value of the estate.

          Comment

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