Concerns over executor of a will

CheezyBiscuit

Hi, i've seen similar topics but not wanting to hijack someone elses post i've decided to post anew.
The situation is my Uncle passed away recently leaving my sister as executor, now as far as we know there are 6 beneficiaries (all neices and nephews) who will recieve an equal share. That all sounds fine, the problem lies with something my sister said to me 3 years ago, she said "he's absolutely loaded" meaning my Uncle, also after speaking to an older brother, he too was told 5 years ago by my sister "that she never realised our Uncle had so much".... well it's now coming to light that the house is worth £180,000, which we all knew about so no major surprise there.... however after asking my sister what other assets there are she says there is £20,000 in endowments and banks and about £2,000 from selling personal items... well £22,000 is hardly loaded. Even with the house it's only £200,000
My sister was made executor 6 years ago and went to discuss affairs with my Uncle so would readily have seen what he had. What i want to know is what has suddenly changed in the last 3 years to contradict statements made to me and my brother.

To put this into perspective, i hold assets in excess of £300,000 as does my brother and sister, yet none of us deem ourselves as loaded, so why after being told he was absolutely loaded is it appearing he's not?....
What can my brother and i do to find out if my sister is witholding something? the will reading has not taken place yet so do we wait till then and voice our opinions to the solicitor?........
I've also found a site on the web that will do a search to find out if the deceased had any stocks shares or life insurance but says you must be the executor to go ahead with the search, could we ask the solicitor to do this as we feel something is amiss?, something doesn't add up and our sister now says she doesn't remember saying he's loaded to us...
We don't want to fall out with our sister but money can do funny things to people and we're trying to find any options we have to get to the bottom of this, any help much appreciated.

Paparika

Have you spoken to your sister about this recently?

whatatwit

Depending upon how much money your sister had at the time, 20k could have been a lot of money to her....especially if your uncle was living a frugal lifestyle.
Also depending upon what his income was, he may have been spending the capital to live.

paddy's_mum

I think you need to tread very carefully indeed since you have only vague notions of what might have been or might be going on. If your sister is acting honourably, you may well cause an irrevocable family rift. Remember too that house values have shot up in the five and three years you mentioned so that her perception then of "loaded" may have altered by watching her own assets creeping upward in value.

You may also have to bear in mind that uncle may have, entirely voluntarily, got rid of items or assets long before he actually died and that dispersal could well have altered the value of his estate upon death.

Finally, there is that side of human nature that may take the opportunity to boast a little. Could it be that your sister was so chuffed at being chosen as executor that she couldn't resist a little showing off to (younger?) brothers and sisters. Good luck but be very careful that you don't become the ones that money does funny things to!

MrSmartprice

When the will goes to probate, everything must be declared on the forms. That includes the property, all cash assets, plus an estimate of possessions. She will have to go to the probate registry and testify under oath that she has identified the assets.

The will and probate grant become public record. Ask for a copy of the grant. If it transpires that something was not declared she is in contempt of court, for which penalties are severe. It is the duty of the executor to ensure all beneficiaries are properly paid, and she has to produce an account when it is all done. She would be very silly to try it on.

lavidaloca

Could she have meant he is loaded meaning who would have thought he would have any money at all IYSWIM

bookduck

I think too he is loaded. My Assets must be approaching £500000, however after everyone is paid including mortgages think I'm worth more to the tune of £50000.

Personally I would not worry too much, it will just make you bitter, untrusting and ruin your relationship with her and the family.

CheezyBiscuit

Thank you for your answers.. can i just clarify something, we've always known our Uncle was reasonably wealthy and after our Sister (who knew the will 6 years ago) said that he is absolutely loaded we expected a lot more.... i'd like to say at this point that when my Uncle was rushed into hospital, the will from 6 years previous disappeared and after an assessment by a Doctor it was decided my Uncle was of sound mind and a new will was written up.... so something has changed from being loaded 6 years ago to not being loaded in the new will... of course we are going to confront my sister again about what has changed and if we don't get a reasonable explanation i want to know what steps we can take to investigate this further.... should we voice our concerns to the Solicitor at the will reading?... can we have an independent investigation into our Uncles affairs and finances?....
I'd like to add that we know our Sister very well and for some reason we've had to push to get any answers from her, she seems hesitant and not forthcoming with information, almost as though she's holding something back and we don't know what.
I will be seeing my sister face to face (we live a fair way apart) in about 3 weeks and will confront her personally. Whether that meeting or the will reading will come first i don't know but will bookmark this topic and keep you abreast of events. Once again thanks for your interest and answers.

sturll

I am a solicitor and this is the area i work in, Equity and Trusts, This is not advice but my opinion so treat it as such.

There are many things which can effect the size of someones estate. For a start you say 'as far as you know there are 6 beneficiaries' There could be more, have you read the Will? Even if it is proven there are 6 Beneficiaries how do you know a Secret Trust wasn't communicated to your sister? If it was then you would have no clue the amount or where the money had gone and your sister does not have to tell you anything about it.

Do you know what the will says? If it says "all to X (your sister)" then unless you can prove your sister has fraudulently made herself become sole beneficiary then you cant lay claim to a penny. On the other hand if the will says "All to X for her to distribute equally amongst my children" then she must as prescribed in law do this, to withhold any funds for her own use would render her liable to you.

The problem is Wills can be extremely complex instruments and quite often whilst they look straight forward they may not be.

If this was something of concern to me i would go and see the solicitor who at present may well be the trustee whilst the estate is being prepared.

Failing that you could always contest the Will. But be warned, this often tears families apart and would only be something to do if you believe irreparable damage had already been done. It can also be quite costly so you should seriously consider whether incurring huge costs and ripping your family apart would be worthwhile over what essentially may be a few pound or nothing.

pinkshoes

Ohhhh, maybe there's another £500k that your sister made him sign over to her when the will was re-done!?!?!

Seriously, I wouldn't bother mentioning it. If your sister has done something dishonest, then that's on her conscience, and she'll have to live with it. If she ever gets found out, then she'll no doubt lose her family over it, but again, that's her problem

If he does have £200k, then that's £33k each. Better than a brog in the eye!!

lesley1960

Hopefully he spent loads in the last few years and had a good time !