Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • missmuffet
    • By missmuffet 2nd Jan 17, 7:25 PM
    • 13Posts
    • 0Thanks
    missmuffet
    Issuing summons - estate accounts?
    • #1
    • 2nd Jan 17, 7:25 PM
    Issuing summons - estate accounts? 2nd Jan 17 at 7:25 PM
    My father died intestate (that's another story as I believe he did write a will), and my brothers have lied for nearly 3 years now and refuse to explain how my inheritance is worked out. They 'sacked' the professional probate firm without telling me & took over themselves but continued to lie about who had the letters of administration. They have kept no records whatsoever. All I have are the original probate figures, which are way off. I'm supposed to just take their word for it. We are talking of approx half a million pounds cash plus other assets. Can anyone give me advice on issuing a summons. I believe I have to swear an affidavit too?
Page 1
    • Keep pedalling
    • By Keep pedalling 2nd Jan 17, 7:40 PM
    • 3,951 Posts
    • 4,308 Thanks
    Keep pedalling
    • #2
    • 2nd Jan 17, 7:40 PM
    • #2
    • 2nd Jan 17, 7:40 PM
    When you say the probate figures are way off do you mean they under declared the value? If that is the case not only would they be robbing you, they could also be robbing HMRC.

    As a residual beneficiary they are obliged to provide you with a copy of estate accounts, if they are refusing to do this, it sounds highly suspicious, and you really need to take legal advice.
    • missmuffet
    • By missmuffet 2nd Jan 17, 8:05 PM
    • 13 Posts
    • 0 Thanks
    missmuffet
    • #3
    • 2nd Jan 17, 8:05 PM
    • #3
    • 2nd Jan 17, 8:05 PM
    When you say the probate figures are way off do you mean they under declared the value? If that is the case not only would they be robbing you, they could also be robbing HMRC.

    As a residual beneficiary they are obliged to provide you with a copy of estate accounts, if they are refusing to do this, it sounds highly suspicious, and you really need to take legal advice.
    Originally posted by Keep pedalling
    Yes, it looks like they under-declared to keep down IHT
    • getmore4less
    • By getmore4less 2nd Jan 17, 8:26 PM
    • 30,307 Posts
    • 18,124 Thanks
    getmore4less
    • #4
    • 2nd Jan 17, 8:26 PM
    • #4
    • 2nd Jan 17, 8:26 PM
    Report to HMRC. with your estimate based on what you know.
    • Yorkshireman99
    • By Yorkshireman99 2nd Jan 17, 9:54 PM
    • 3,314 Posts
    • 2,668 Thanks
    Yorkshireman99
    • #5
    • 2nd Jan 17, 9:54 PM
    • #5
    • 2nd Jan 17, 9:54 PM
    My father died intestate (that's another story as I believe he did write a will), and my brothers have lied for nearly 3 years now and refuse to explain how my inheritance is worked out. They 'sacked' the professional probate firm without telling me & took over themselves but continued to lie about who had the letters of administration. They have kept no records whatsoever. All I have are the original probate figures, which are way off. I'm supposed to just take their word for it. We are talking of approx half a million pounds cash plus other assets. Can anyone give me advice on issuing a summons. I believe I have to swear an affidavit too?
    Originally posted by missmuffet
    You need to give more details.
    • getmore4less
    • By getmore4less 3rd Jan 17, 7:13 AM
    • 30,307 Posts
    • 18,124 Thanks
    getmore4less
    • #6
    • 3rd Jan 17, 7:13 AM
    • #6
    • 3rd Jan 17, 7:13 AM
    it is important to understand the limitations of an inventory and account request.

    Although estate inventory & accounts can be useful in many cases and are relatively low risk/cost, you will need legal help to make sure you get the court to order disclosure of the relevant information needed make further investigations.

    It will then fall on you to analyse and investigate suspected deficiencies them making further representation to the court for details.

    one issue is you have no authority to make requests on institutions for information so they can refuse that can make further investigations harder.

    Failure of the executors to produce an I&A may be useful if you need to get them removed, I suspect in a case like this the court would appoint a professional then they would probably be embarking on a time consuming job obtaining new details(bank statements etc) of all known assets and then investigating the missing ones.
    • missmuffet
    • By missmuffet 16th Sep 17, 11:17 AM
    • 13 Posts
    • 0 Thanks
    missmuffet
    • #7
    • 16th Sep 17, 11:17 AM
    • #7
    • 16th Sep 17, 11:17 AM
    update on this situation. I obtained a summons and court date. However it was vacated as supposedly interim accounts were available. I do have the option to have the case re-listed if I'm not happy with the other party's correspondence. They did not provide any accounts as per my summons.

    Well, I've not received anything from them since I received this notice from the court. In fact, they refuse (but not in writing). In writing they claim to have informed me of everything. Because they claim to have sent me everything, I am struggling getting this re-listed.

    This just tells me they are/have been up to something but I'm being painted a troublemaker and money grabber.
    • Tuesday Tenor
    • By Tuesday Tenor 1st Oct 17, 3:33 PM
    • 971 Posts
    • 1,283 Thanks
    Tuesday Tenor
    • #8
    • 1st Oct 17, 3:33 PM
    • #8
    • 1st Oct 17, 3:33 PM
    Just checking: I assume you received 'an' inheritance, that brother executors say, verbally, was you share?

    Your suspicion is that the estate has not been handled correctly, and that they have defrauded both you and HMRC?

    If correct, this is a serious situation, and of course they are going to avoid giving you the accurate information. They are not going to send you anything that will give you your case that money has been stolen. If they send you accounts that support their stance, you are no futrther forward.

    I suspect that the only way to get past this impasse is to report the situation to HMRC, with all the ramifications of that (possibe criminal convictions etc).

    I suppose there is the initial stance of threatening to inform HMRC, in the hope that they will suddenly re-jiggle the figures, and, voila, you get more money, closer to what you 'deem' to be accurate, in their need for you to keep quiet. But the tax situation will remain fraudulent. Nasty all round.

    You haven't said what legal advice you have sought. You definitely need legal support if you are going to take this further.
    • Margot123
    • By Margot123 1st Oct 17, 6:11 PM
    • 217 Posts
    • 174 Thanks
    Margot123
    • #9
    • 1st Oct 17, 6:11 PM
    • #9
    • 1st Oct 17, 6:11 PM
    Just checking: I assume you received 'an' inheritance, that brother executors say, verbally, was you share?

    Your suspicion is that the estate has not been handled correctly, and that they have defrauded both you and HMRC?

    If correct, this is a serious situation, and of course they are going to avoid giving you the accurate information. They are not going to send you anything that will give you your case that money has been stolen. If they send you accounts that support their stance, you are no futrther forward.

    I suspect that the only way to get past this impasse is to report the situation to HMRC, with all the ramifications of that (possibe criminal convictions etc).

    I suppose there is the initial stance of threatening to inform HMRC, in the hope that they will suddenly re-jiggle the figures, and, voila, you get more money, closer to what you 'deem' to be accurate, in their need for you to keep quiet. But the tax situation will remain fraudulent. Nasty all round.

    You haven't said what legal advice you have sought. You definitely need legal support if you are going to take this further.
    Originally posted by Tuesday Tenor
    Putting myself in your shoes OP, I would now have reached the point where I would inform HMRC of a potential fraud case.
    Don't give the administrators any warning you are doing it, they will simply ignore you thinking it is an idle threat, just go ahead.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

4,436Posts Today

9,308Users online

Martin's Twitter