steve_b_wales Posted June 13 Report Share Posted June 13 My good mate, recently lost his mother. He has a sister and she was made the executor of the will. Sadly, they both hate each other, and a copy of the will was left at his mother's house for him to read. Basically, all monies were left to his sister, but the house is to be divided equally. Does his sister who is the executor of the will, give her the right to decide what is what, ie, any furniture etc at the property, and also getting the valuation of the property? He may go to a solicitor but I thought I would ask on here first, in case anyone has had the same issue. Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted June 13 Report Share Posted June 13 Messy business. Condolences for his loss. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 13 Author Report Share Posted June 13 Just now, Lloyd90 said: Messy business. Condolences for his loss. Indeed Lloyd. What I know of his sister, is that she's a right *********. He wasn't happy at the fact that all money was left to his sister, and also the fact that he was closer to his mother and did everything he could for her. But that's another story. I did advise him to seek a professional opinion, or even make an appointment with Citizen's Advice. Quote Link to comment Share on other sites More sharing options...
Vince Green Posted June 13 Report Share Posted June 13 (edited) Straight to a solicitor, quick as possible to get it in writing that he expects a full account of the money Forget CA they don't cut it in a situation like this. As a beneficiary he is entitled to full accounts of the proceedings including probate . Edited June 13 by Vince Green Quote Link to comment Share on other sites More sharing options...
Gordon R Posted June 13 Report Share Posted June 13 Vince is correct. Been there. Quote Link to comment Share on other sites More sharing options...
ph5172 Posted June 13 Report Share Posted June 13 There will always be dramas where wills and money are concerned. Thing is it’s the mothers assets to do with what she pleases. In this case the money has gone to the daughter. That’s the choice made. the house is to be split 2 ways be that through sale or either party buying the other out. the other bits and bobs will probably cause the most grief but ultimately is it worth all the drama and agro - are the items of furniture including Henry 8ths death bed or an ikea one - I hope you see where I am going here. Only he knows if the ‘stuff’ is worth the agro and stress or is he going to do it out of spite based on the distribution of the cash. When it’s all done I should imagine both parties have no requirement to speak or be involved anymore with each other (reading into what you have put) ultimately seek professional advice Quote Link to comment Share on other sites More sharing options...
Wymondley Posted June 13 Report Share Posted June 13 Independent valuation of the property and do a full inventory with photos of the contents, then as said, off to a solicitor. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 13 Author Report Share Posted June 13 3 minutes ago, ph5172 said: There will always be dramas where wills and money are concerned. Thing is it’s the mothers assets to do with what she pleases. In this case the money has gone to the daughter. That’s the choice made. the house is to be split 2 ways be that through sale or either party buying the other out. the other bits and bobs will probably cause the most grief but ultimately is it worth all the drama and agro - are the items of furniture including Henry 8ths death bed or an ikea one - I hope you see where I am going here. Only he knows if the ‘stuff’ is worth the agro and stress or is he going to do it out of spite based on the distribution of the cash. When it’s all done I should imagine both parties have no requirement to speak or be involved anymore with each other (reading into what you have put) ultimately seek professional advice He has stated that he doesn't want anything, furniture wise' from the home, none of it is of any value, and he would like it to go to a charity, such as the Welsh Air Ambulance. His mother died a few months ago, and he visits the house now and then, and has found that some items of furniture have been removed. He basically wants to know if he has any right to remove anything, and even get a valuation and arrange for the house to be put up for sale. His sister, as far as he knows, has done nothing. Quote Link to comment Share on other sites More sharing options...
Nublue 22 Posted June 13 Report Share Posted June 13 Sorry for your loss, but do it sooner then later. Quote Link to comment Share on other sites More sharing options...
ph5172 Posted June 13 Report Share Posted June 13 They will need to apply for probate to start any house sales and such. they could appoint a solicitor who will also act as an independent voice of reason if parties do not get along. if one party is not willing to engage in the probate process then there are legal mechanisms for the courts to remove one executor (or both, with an independent appointed) your friend could also step down and allow his sister to sort probate and apply for a court order if she isn’t. the items in the house will belong to the estate but in should imagine anything of ‘value’ ££ or sentimental has probably long gone Seek professional advice. Quote Link to comment Share on other sites More sharing options...
Red696 Posted June 13 Report Share Posted June 13 Solicitor who will then start the probate slog.. and it is a slog Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 13 Author Report Share Posted June 13 4 minutes ago, Red696 said: Solicitor who will then start the probate slog.. and it is a slog I'm not sure if Probate would be required, going by my own experience a few years ago. The will (which I've seen) clearly states that apart from any monies, the property is divided equally between the two children - my friend and his sister. I could be wrong of course. Quote Link to comment Share on other sites More sharing options...
Red696 Posted June 13 Report Share Posted June 13 39 minutes ago, steve_b_wales said: I'm not sure if Probate would be required, going by my own experience a few years ago. The will (which I've seen) clearly states that apart from any monies, the property is divided equally between the two children - my friend and his sister. I could be wrong of course. I ended up as an executor for the mother in laws will, 2 sisters at war but luckily no house to deal with. I ignored the advice from the Banks to go to probate and ended up in a **** shower.. The risk is your friend will lose out on his whole entitlement if he does not get the protection of an independent body. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 13 Author Report Share Posted June 13 UPDATE: My friend has just spoken to a solicitor via a telephone call. He was informed that his sister is 'in charge' of the property etc. but said that he should write to her stating that it's been a few months since their mother passed away and that nothing has been done regarding the property, and that he would like to be updated, and that he expects a reply within 14 days. He was told that if his sister doesn't reply, then he should write to her again, stating that she failed to reply within the 14 days, and that she will be given a further 14 days to respond. He was told to add that if she still doesn't respond, the he will take legal action to remove her as the executor of the will and then will become the executor. Interesting. Watch this space. Quote Link to comment Share on other sites More sharing options...
Dougy Posted June 13 Report Share Posted June 13 As stated previously " messy business" not too much detail but I walked away from all this. Quote Link to comment Share on other sites More sharing options...
Bigbob Posted June 13 Report Share Posted June 13 I would get a solicitor and tell the sister all dealings are threw them , May cost a wee bit but everything will be legal and above board Quote Link to comment Share on other sites More sharing options...
Vince Green Posted June 13 Report Share Posted June 13 We don't at this stage know whether the will is actually legally drawn up or is it a hand written job on one of those blank forms they sell on the Internet? Quote Link to comment Share on other sites More sharing options...
Bigbob Posted June 13 Report Share Posted June 13 Nothing like a death in the family and a will to cause fighting and trouble Quote Link to comment Share on other sites More sharing options...
Vince Green Posted June 13 Report Share Posted June 13 7 minutes ago, Bigbob said: Nothing like a death in the family and a will to cause fighting and trouble Amen to that Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted June 13 Author Report Share Posted June 13 The old saying, 'Where there's a will, there's a relative!' Quote Link to comment Share on other sites More sharing options...
shaun4860 Posted June 13 Report Share Posted June 13 12 hours ago, steve_b_wales said: Indeed Lloyd. What I know of his sister, is that she's a right *********. He wasn't happy at the fact that all money was left to his sister, and also the fact that he was closer to his mother and did everything he could for her. But that's another story. I did advise him to seek a professional opinion, or even make an appointment with Citizen's Advice. Citizens Advice will tell him to see a solicitor Quote Link to comment Share on other sites More sharing options...
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