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Hello there, I am a new puppy to the site, which I stumbled across upon trying to find some help/advice/answers.
My younger siblings and I are having a nightmare with the executors of our mums estate. (ok, mainly me, as I am the eldest, I am left to deal with it all, which I am happy to do for my siblings)
Long story short, our mum suddenly died in Jan 2014, me, my 2 sisters and 2 brothers (5 of us in total) are the beneficiaries of mums estate. The named executors are solicitors.
We asked the executors to renounce, but they refused to do so (I am aware they do not have to renounce if asked, but their refusal was rude and abrupt without any consideration at all)
Thus disappointingly we were effectively forced into having them continue as executors.
Since then they have made countless mistakes including hundreds of typos, incorrect calculations, over charging us for disbursements, providing us with incorrect bills and more. They also told us/gave us a verbal quote of their costs at the beginning in our very first meeting with them, and these costs have now quadrupled without any warning what so ever.
I wrote a formal complaint (with the agreement and backing of my siblings) and the executors refuse to accept that there is anything wrong.
I have been battling with them ever since, with communications/letters back and forth between us regarding my complaint, giving them evidence of what mistakes they made and requesting a fully itemised bill from them due to their incorrect calculations.
They still refuse to believe that they have done anything wrong (despite me giving them evidence) and have refused to give me a fully itemised bill.
I have now taken this complaint to the Legal Ombudsman and so far the Ombudsman have seen that they have made numerous mistakes and suggest that they reduce their bill.
They are refusing to do this also.
I am hoping the Ombudsman with rule in our favour and the executors will have to reduce their bill.
However some issues may and will remain.
Issue 1: If the Ombudsman do rule that the executors must reduce their bill, I am worried that it may not be a significant reduction. We would hope for a reduction of at the very least 50% if not more, in order to bring their fees back down to their original quote.
Issue 2: Both my brothers are under the age of 21 (which mums will has specified that the executors are to be trustees of their inheritance until they reach the age of 21) 1 brother luckily does not have long to wait, as he will be 21 this October, but our youngest brother is only 15, thus he has some time to wait before we can be rid of these horrid executors. Of course they will be charging for the privileged of being trustees, so even more fees for us/or my brothers.
(Oh and the estate is still not finalised due to a disputed debt which I am also trying to deal with and getting little to no help from the executors)
My question is: Do we have any way what so ever to be able to get rid of these incompetent executors?
I hear that it is possible to remove executors, but it is very difficult to do and will only succeed in exceptional circumstances.
I have also sought legal advice, with the possibility of suing for professional negligence, but most have told me "sorry its service issues, not negligence" and the ones who are willing to give it a look of course want lots of money just to view it and see if we have a case or not.
Is there anything we can do? Or are we forced to continue to have a connection with these people until our youngest brother reaches 21?
Any and all help/advice will be greatly appreciated.
My younger siblings and I are having a nightmare with the executors of our mums estate. (ok, mainly me, as I am the eldest, I am left to deal with it all, which I am happy to do for my siblings)
Long story short, our mum suddenly died in Jan 2014, me, my 2 sisters and 2 brothers (5 of us in total) are the beneficiaries of mums estate. The named executors are solicitors.
We asked the executors to renounce, but they refused to do so (I am aware they do not have to renounce if asked, but their refusal was rude and abrupt without any consideration at all)
Thus disappointingly we were effectively forced into having them continue as executors.
Since then they have made countless mistakes including hundreds of typos, incorrect calculations, over charging us for disbursements, providing us with incorrect bills and more. They also told us/gave us a verbal quote of their costs at the beginning in our very first meeting with them, and these costs have now quadrupled without any warning what so ever.
I wrote a formal complaint (with the agreement and backing of my siblings) and the executors refuse to accept that there is anything wrong.
I have been battling with them ever since, with communications/letters back and forth between us regarding my complaint, giving them evidence of what mistakes they made and requesting a fully itemised bill from them due to their incorrect calculations.
They still refuse to believe that they have done anything wrong (despite me giving them evidence) and have refused to give me a fully itemised bill.
I have now taken this complaint to the Legal Ombudsman and so far the Ombudsman have seen that they have made numerous mistakes and suggest that they reduce their bill.
They are refusing to do this also.
I am hoping the Ombudsman with rule in our favour and the executors will have to reduce their bill.
However some issues may and will remain.
Issue 1: If the Ombudsman do rule that the executors must reduce their bill, I am worried that it may not be a significant reduction. We would hope for a reduction of at the very least 50% if not more, in order to bring their fees back down to their original quote.
Issue 2: Both my brothers are under the age of 21 (which mums will has specified that the executors are to be trustees of their inheritance until they reach the age of 21) 1 brother luckily does not have long to wait, as he will be 21 this October, but our youngest brother is only 15, thus he has some time to wait before we can be rid of these horrid executors. Of course they will be charging for the privileged of being trustees, so even more fees for us/or my brothers.
(Oh and the estate is still not finalised due to a disputed debt which I am also trying to deal with and getting little to no help from the executors)
My question is: Do we have any way what so ever to be able to get rid of these incompetent executors?
I hear that it is possible to remove executors, but it is very difficult to do and will only succeed in exceptional circumstances.
I have also sought legal advice, with the possibility of suing for professional negligence, but most have told me "sorry its service issues, not negligence" and the ones who are willing to give it a look of course want lots of money just to view it and see if we have a case or not.
Is there anything we can do? Or are we forced to continue to have a connection with these people until our youngest brother reaches 21?
Any and all help/advice will be greatly appreciated.
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