Will, probate and difference of opinion :(

Yorkshireman99 · 17 January 2016 at 11:10PM

littlehobbit wrote: »

I am being told by the other executor that anything not specified in the will (money in the bank, life insurance, premium bonds etc) should be split equally between us two. The difference of opinion is that I think these things are included in the will under the 'residual estate' , however the other executor believes that 'residual estate' just means the house

The other executor is either lying or deluded. It would it would be very unwise to let the other executor to be involved officially.

Savvy_Sue · 17 January 2016 at 11:37PM

ah, if there is no central heating then draining the system is a good idea!

If we hadn't been happy (and able to afford) to leave mum's heating on low 24/7 we'd have done the same.

lisa110rry · 21 January 2016 at 3:54PM

littlehobbit wrote: »

I am in for the long hawl I know. However I have been trusted by my relative to carry this out, with or without the other executor, and trusted with more or less their life savings, which is an honour that I never expected or anticipated, so I would like to stick with it and do the right thing.

Little Hobbit, what a nice thing to say. You are a very good relative and deserve what your late relative left you.

littlehobbit · 26 January 2016 at 7:46PM

Just a little update.
Got a short appointment with a solicitor, other executor agreed to come with me.
Solicitor explained the will in laymans terms and confirmed we would need to apply for probate due to property, as it was just in one persons name.

Thought we had made progress, however when we got out, the other executor more or less said what we had been told was nonsense and 'well he would say that wouldnt he'

I have now told the other executor that I am applying for probate, and they have the choice if they want to apply with me, reserve their powers or give up their powers.

In the mean time they have apparently been into the property and handed out items to friends that have been left to me

Its not going to be an easy ride! They are family and I fear if I put my foot down about giving items away, I will turn out to be the bad guy, as I will look greedy as I have been left the house as part of the 'residual estate'

FreeBear · 26 January 2016 at 8:18PM

You could suggest the co-executor contacts the Land Registry and attempt to transfer the property. One of the first questions that will be asked is "Do you have probate ?". On answering No, they will instruct him/her to go and apply for it and then hang up.

konark · 27 January 2016 at 4:04AM

In the mean time they have apparently been into the property and handed out items to friends that have been left to me [/QUOTE

They have no business to have a key, the property is not being left to them. Change the locks immediately!

wwl · 27 January 2016 at 10:18AM

Now it probably is time for solicitor's letter giving them formal notice that they have committed theft, and are personally liable for losses incurred.
Definitely change the locks, or at least remove anything of value from the house. If you need to break in to do this, that's not a problem , as executor you are protecting the property from maladministration.

RAS · 27 January 2016 at 11:16AM

Change the lock on the house. And get the solicitor to write to them advising that their actions are theft and that they need to return the property stolen.

Remind them that as an executor they are personally liable for any loss incurred by any of the beneficiaries and that means having to compensate your as beneficiary, even if you are executor do that.

I would think also about speaking to the Probate Registry and alert them to the problems.

troubleinparadise · 27 January 2016 at 1:48PM

Littlehobbit: Its not going to be an easy ride! They are family and I fear if I put my foot down about giving items away, I will turn out to be the bad guy, as I will look greedy as I have been left the house as part of the 'residual estate'

Whilst you might appreciate the sensitivity of the situation, it doesn't read as though your relative feels the same way as you.

Indeed, your co-executor appears to have little understanding of the role, what the contents of the will mean, and precious little respect for you.

I would stop treading on eggshells with them, and be firmer. I appreciate you may feel that you have been favoured in the will and have to be sensitive, but the testator made the decisions about how their assets were to be distributed, not you...

RAS · 27 January 2016 at 2:05PM

Agreed with tip.

Edit:

If after taking possession of the items left to you, you later decide that actually you would like to give them away, that is your business and should be seen as the donor not the other relative who rides rough shod over the deceased's wishes and ignore their legal duty as an executor.

Will, probate and difference of opinion :(

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