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Daughter unfit to act as executor

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  • Daughter unfit to act as executor

    My father passed away in January 2014leaving me the main beneficiary with the right to live in the property heowned, sell to purchase another property or receive rental income after taxetc. He also appointed solicitors to act for him as executors. Theseclosed down prior to his death and the new solicitors did not carry out hiswish and my daughter became executor in March 2014.
    Despite being in regularcontact with my daughter until November 2014 when l found out my daughter hadrented out the property in the August 2014 and was receiving the rental incomeherself l had to track down the solicitors holding the will as my daughter wouldnot tell me who they were and l had no communication from them.
    I also had to tell themmy daughter had developed a major drinking problem as well as use of drugstogether with marriage breakdown leaving her 2 children with the father. I madeit very clear she was not fit to act as an executor and was also in debt. Sincethis l have had no contact from my daughter whatsoever and do not know whereshe is living.
    The solicitors inDecember 2014 started having rent paid to them however l am now informed theyare not willing to act for her and they have failed to answer my question inregards as to where the rental income is.
    To date his wishes forhis ashes to be placed in the family grave have not been carried out togetherwith a headstone and the will has not been finalised.
    Surely they had a dutyof care to do something for the beneficiary on the grounds of her illness torequest her to step down as executor so be it until her health improved.
    There bill is double theoriginal estimate.
    On their advice lcontacted solicitors and am now £2,000 in debt and do not know where to turn.
    Any advice would be mostwelcome.
    Tags: None

  • #2
    Re: Daughter unfit to act as executor

    Hi and welcome
    What a terrible situation.

    Has probate been granted? (you can check here https://www.gov.uk/wills-probate-inh...robate-records)

    You could apply to have your daughter removed as executor as she has failed in her duty as executor to administer the estate correctly as per s. 25 Administration of estates Act 1925. The application would be made under s.50 administration of Justice Act 1985.
    If successful professional executors would probably be appointed, who, whilst expensive, would sort the situation.

    Comment


    • #3
      Re: Daughter unfit to act as executor

      Hi Vaughan

      How did these 'new' solicitors become involved?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment

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