Nublue 22 Posted January 23 Report Share Posted January 23 I'll try and explain this as best, my mother passed away, there were two executors and a solicitor appointed, one executor was my sister the other my mothers sister, just after my mother's funeral her sister past away, this leaving my sister as the solo executor. After trying to find out what was happening with regards to the will with the solicitors they told me my sister had sacked them (did not need them) twelve months later and still nothing I approached the subject and asked about the will. She has since given me an amount of money that I know is not any were near the true value of the estate. I have ask for a break down and any bank account details, all has been refused, what I need help with is we're do I go from hear please? Thanks all. Quote Link to comment Share on other sites More sharing options...
oowee Posted January 23 Report Share Posted January 23 Wow that's a tough one. She will need to produce the will. If she destroys it you are entitled to an equal share with all next of kin. I think you need legal advice. I guess you start with CAB or go straight to a solicitor. Quote Link to comment Share on other sites More sharing options...
Ian willetts Posted January 23 Report Share Posted January 23 Hi nublue I would get a solicitor involved what your sister has done is fraud if you have any other family who have been effected get them involved too Quote Link to comment Share on other sites More sharing options...
mellors Posted January 23 Report Share Posted January 23 Contact the office of the public guardian. They were really helpful when we had similar events. Quote Link to comment Share on other sites More sharing options...
oldypigeonpopper Posted January 23 Report Share Posted January 23 Hello, CAB may still free legal advice, it was i think 15 mins per session, which should be enough to start and idea of you rights as a recipient of the will Quote Link to comment Share on other sites More sharing options...
Zoli 12 guage Posted January 23 Report Share Posted January 23 if it went to probate,as nearly all do,there will be a paper trail of the will that you are legally allowed to see. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted January 23 Report Share Posted January 23 (edited) I would write to your sister and request a copy of the accounts relating to distribution of the funds in the will. I would inform her that you will be seeing a Solicitor if they are not forthcoming. It might not suit everyone, but I personally would say that if anything untoward has happened, then I would refer it to the Police. I would approach CAB and / or a solicitor quickly, before any funds are disposed of. Trust no-one where money is involved. Edited January 23 by Gordon R Quote Link to comment Share on other sites More sharing options...
JKD Posted January 23 Report Share Posted January 23 3 minutes ago, Gordon R said: Trust no-one where money is involved. Unfortunately this is true in a lot of instances 🙄 My mother died a couple of years ago and my elder brother and a younger sister were/are arguing over a,,,,,,, cupboard 😩😂 Apparently, all of our mum's 'money' passed onto my father. We are now waiting for him to pass on ,,,,, that's when the real fireworks will start !!! As above,,,, try CAB , or go straight to a solicitor 👍 Quote Link to comment Share on other sites More sharing options...
clangerman Posted January 23 Report Share Posted January 23 fastest route is inform your sister copy’s of a will can be obtained online from the gov website something I would be doing asap Quote Link to comment Share on other sites More sharing options...
oowee Posted January 23 Report Share Posted January 23 3 minutes ago, clangerman said: fastest route is inform your sister copy’s of a will can be obtained online from the gov website something I would be doing asap I never knew that. Are wills public when someone dies? Quote Link to comment Share on other sites More sharing options...
Gordon R Posted January 23 Report Share Posted January 23 They are only available if probate was granted. If probate was never applied for, it won't be on line or recorded.. Quote Link to comment Share on other sites More sharing options...
clangerman Posted January 23 Report Share Posted January 23 7 minutes ago, Gordon R said: They are only available if probate was granted. If probate was never applied for, it won't be on line or recorded.. thanks I forgot to mention the probate part Quote Link to comment Share on other sites More sharing options...
discobob Posted January 23 Report Share Posted January 23 Count yourself lucky - it looks like my Mother's will be going to fund Ghana - we are starting to think that she has married her Ghanian Toyboy as she has been over there for about 90 days now...... But yep - Wills are available online - I got my Dad's, left everything to my mum or if he outlived her - to me....My Mother was hedging her bets though as she knew with my Dad being 13 years older the odds where in her favor. Even if everything isn't going to Ghana then it will apparently be Christies in Manchester or SSAFA as she worked for them as a case worker - until she fell out with them. Quote Link to comment Share on other sites More sharing options...
Nublue 22 Posted January 23 Author Report Share Posted January 23 Thanks all so far, this is more about my sister being desist full, I'd just like to wait for the right moment to confront her. Quote Link to comment Share on other sites More sharing options...
oowee Posted January 23 Report Share Posted January 23 28 minutes ago, Gordon R said: They are only available if probate was granted. If probate was never applied for, it won't be on line or recorded.. These things are all a bit a a mystery if you have not been through the process. 4 minutes ago, Nublue 22 said: Thanks all so far, this is more about my sister being desist full, I'd just like to wait for the right moment to confront her. Good luck. It's sad when families fall out over this sort of stuff. Regardless, I would be looking to see if that will is public, it might aid your discussion. Quote Link to comment Share on other sites More sharing options...
JKD Posted January 23 Report Share Posted January 23 3 minutes ago, Nublue 22 said: Thanks all so far, this is more about my sister being desist full, I'd just like to wait for the right moment to confront her. It is unsettling isn't it ?! I've seen my father's will........ He has named about 18 beneficiaries. All except 2 are getting £20K. The other 2 are getting £30K and they are Battersea Dogs Home and another 'pet charity'. Except,,,,,, NONE are getting anywhere near those amounts !!!! He is in a care home, for which his house was sold,,,, that figure plus his other 'assets' are disappearing rapidly, which, knowing him like I do, he knew !!!! Hence the 'dream-on' figures he's 'left' to everyone 🥳🤣 Sorry I'm laughing, as it's not a laughing matter,,,, except in my case, personally, it is !!! Long story 🥴 Good luck, sincerely 🤞 Quote Link to comment Share on other sites More sharing options...
Rim Fire Posted January 23 Report Share Posted January 23 i was the only executor of my fathers will and his wish was that my brother was left the house as he still lived there it was not in writing but myself and two sisters obeyed his dying wish That aside get professional help Quote Link to comment Share on other sites More sharing options...
Nublue 22 Posted January 23 Author Report Share Posted January 23 3 hours ago, oowee said: These things are all a bit a a mystery if you have not been through the process. Good luck. It's sad when families fall out over this sort of stuff. Regardless, I would be looking to see if that will is public, it might aid your discussion. The will is public but its been sorted buy a percentage, but I don't know how much the estate was worth, thanks Quote Link to comment Share on other sites More sharing options...
Bigbob Posted January 23 Report Share Posted January 23 As said CAB your first interview is free Quote Link to comment Share on other sites More sharing options...
Bobba Posted January 23 Report Share Posted January 23 (edited) From what little I understand (having been an executor) the lady in question should be made aware that there are legal implications for her for not following the requirements of the will. Personally I would get legal advice to determine whether or not you are a beneficiary and, if so, whether the executor has fulfilled the wishes of the deceaseds. All very messy but to get to the truth certain actions cannot be avoided. Edited January 23 by Bobba Quote Link to comment Share on other sites More sharing options...
Jkcphm Posted January 23 Report Share Posted January 23 (edited) 6 hours ago, Nublue 22 said: Once the grant of probate has been issued the will becomes a public document which you are entitled to a copy of. Do you know who your mum used to create the will? Try them that said any solicitor should be able to access them as they are kept on record. The value of the probate will include the total value of the whole estate including savings property investments shares etc basically everything. Between the probate and the will you’ll have a starting point but always worth seeking legal advice. I’m not a solicitor but learnt a lot as I dealt with the inheritance tax and probate myself which saved £1000s in fees it’s quite straightforward the difficult part is the incompetence of the HRMC Edited January 23 by Jkcphm Quote Link to comment Share on other sites More sharing options...
Bigbob Posted January 24 Report Share Posted January 24 Theres nothing like a death and leaving a bit of money to show some family's true colours Quote Link to comment Share on other sites More sharing options...
marsh man Posted January 24 Report Share Posted January 24 1 hour ago, Bigbob said: Theres nothing like a death and leaving a bit of money to show some family's true colours Never a truer word spoken Bob , my dear dad was a bit more to the point and called them Vultures who would pick the meat off down to the bone , once the Crocodile tears run dry then it is time for them to go into the kill with all guns blazing . Quote Link to comment Share on other sites More sharing options...
serrac Posted January 24 Report Share Posted January 24 On 23/01/2024 at 12:40, mellors said: Contact the office of the public guardian. They were really helpful when we had similar events. We found they will not usually get involved once the subject of a Power of Attorney has passed. On 23/01/2024 at 12:34, Ian willetts said: Hi nublue I would get a solicitor involved what your sister has done is fraud if you have any other family who have been effected get them involved too Be aware of the games executors can play. Your solicitor writes to the executor, the executor replies, you pay the solicitor to write your letter AND read her reply. Rinse and repeat ad-infinitum until you are financially exhausted 😥 Write your own letter(s) as Gordon mentioned above. Send them recorded delivery and keep a copy so you can produce evidence of your efforts and her non-compliance if this ever goes to court. (Hint: courts like to see concise numbered points listing your concerns rather than a rambling diatribe) If you still don't get satisfaction, send her a letter stating you are about to initiate legal action against her, again stating the things she has failed to do and giving her a fixed amount of time to respond (this is very important). You can then raise a Small Claims action against her for losses you believe you have suffered as a result of her failure to perform her statutory duties as an executor. (The cost to lodge a claim in Scotland starts at £20 depending on the amount claimed so this doesn't have to be an expensive exercise) Your claim should be in the form that you are asking her to perform a statutory duty as an executor (i.e. submit an application for confirmation) by a certain date or pay you compensation for losses you have occurred as a result of her failure to do so. Estimate your losses in terms of the interest you would have earned on your anticipated share of the estate had she wound up the estate in a timely manner, and your ongoing losses if she continues to fail to do so. Stay within the limits set by the courts for small claims (~£5000 I believe) The above may or may not hold up in court but that's not the point - if she wants to avoid a summary judgement against her and being held liable to compensate you for her negligence she will have to respond to the summons - which will probably mean she will be the one running to a lawyer and bleeding funds trying to defend herself. Even if you lose and have to pay her expenses these are capped at a low level and probably wouldn't come near to covering what she might have to pay a solicitor. Winning the case would be nice but the real objective is the legal harassment 👹 You could even draft the final letter and fill in the small claims forms and have a solicitor check them over for you. That might cost a few hundred but at least you could get a quote and know what you are in for in advance. Quote Link to comment Share on other sites More sharing options...
Penelope Posted January 24 Report Share Posted January 24 32 minutes ago, serrac said: Winning the case would be nice but the real objective is the legal harassment 👹 I like the way your mind works 👍 Quote Link to comment Share on other sites More sharing options...
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