Executor of Will: residual beneficiary causing problems.

andysuth

Hi,

I'm an executor of the will from my father's cousin.

He's gone over the inheritance tax threshhold, I've had to fill out form IHT400.

I've been getting increasingly nasty letters from his girlfriend (60 year old), about why it is taking so long.

It got to a point where I had been told by Liverpool Probate office that it would take 6 weeks to process the PA1. After numerous chasing of the Inheritance Tax Office and Liverpool Probate Office, I'm told Probate would be granted next week.

This morning I received a letter from the solicitors saying I had not kept the girlfriend updated (incorrect), and that I had made no progress (obviously solicitor hasn't had to fill in a 50-page IHT400 plus annex document before) and that the girlfriend wished us to relinquish the right of executors so she could pursue the letters of administration.

The solicitor (who had originally declared the deceased not to have signed a will therefore no will was left) was even less polite on the phone. He even had the gall to say PA1 does not require research into family relations (no genetic heirs left) when the form clearly states ALL sections must be completed and in ALL circumstances B1-4 must be completed (this relates to deceased relatives etc).

We've decided to cancel the tax office forms and Probate forms and allow her to go through the 6 week application period again, as per her wishes.


My question (at last!) is if I relinquish my right to be executor, am I allowed to charge the girlfriend for my time spent preparing the forms IHT400 and PA1 which have required over 40 hours work?

I don't think she appreciates how much work I've put into this project and would personally like to see her prepare them all from scratch so she understands how out of order she is sending threatening letters from solicitors.

-AS

Floss

If probate should be granted next week, why not just ignore the solicitor & carry on with what you seem to be doing quite effectively? This process can take months and in some cases years to finalise...... I would just write a short letter to the solicitors stating that you have been advised that probate should be granted within the next 21 days and as executor you will be continuing to finalise the will.

I assume that your father's cousin's friend is a beneficiary?

Susan_Frost

You were the nominated person, you have done lots of work, I would stick with it. Dont know who the various beneficiaries are. If just her then it would not be so bad if she did it, but if several people involved, she may be a nightmare when it comes to letting others receive their inheritance.

Sounds like your relative felt you were the level headed one. She was not even divorced (from last husband presumeably) so how strong was their relationship. Dont let her control you or the situation.

Pee

As an Executor you can't charge for your time unless the will specifically says so. it sounds like she is the sole beneficiary under the will, to be able to get letters of administration with will annexed.

Sounds to me like what you want to do is annoy her, in which case, pass it to a solicitor to deal with. An Executor has a year to deal with an estate before beneficairies are entitled to ask questions.

Trying to do it yourself when there is no financial benefit, only risk, to you

Biggles

It sounds rather odd for your father's cousin to make you executor when his girlfriend in the main (sole?) beneficiary.

Maybe you know of a good reason (eg there's a significant bequest to you?), otherwise, I'd let her take over.

In answer to your question, if she became administrator of the estate, she could choose to pay third parties to carry out her duties, in the same way she will be paying her solicitor. It may be she would be prepared to make a goodwill payment to you for your time?

andysuth

Thanks,

I'm still being messed around by Abbey National LOSING forms (very incompetent), and giving me incorrect and inconsistent advice.

Furthermore Liverpool Probate Office who had told me two weeks have given me an appointment for 17th JUNE (a month away).

I can't believe solicitors are given a higher priority than people representing themselves. If this were applied to a court case, would the defendant who was representing himself have to wait three weeks to answer any questions?

-AS

andysuth

...As to other questions:

Small sum to me and other executive and small sum to charity. Girlfriend gets the rest.

RISK:
Yes there is risk in me continuing to do the probate, but I feel there is worse risk in handing her solicitor information I have compiled based on what the girlfriend has told me.

If she's misinformed me of anything, the solicitor would happily declaire I was the informant for all his data, so land me in proverbial poo (we all know solicitors would!).

-AS

Vomityspice

If you just want to inconvenience this women, why not tell her (and solicitor) that you will see this through to the bitter end, get probate, and following Pee's information, do nothing for a year. Then tell her your not going to do it because of the stress. Don't give them the paperwork (burn it) and let them start from scratch.

It's doesn't seem like your on her Christmas card list already so I don't suspect that if she crosses you off hers, you'll be overly unhappy.

floss2

Vomityspice wrote: »

If you just want to inconvenience this women, why not tell her (and solicitor) that you will see this through to the bitter end, get probate, and following Pee's information, do nothing for a year. Then tell her your not going to do it because of the stress. Don't give them the paperwork (burn it) and let them start from scratch.

It's doesn't seem like your on her Christmas card list already so I don't suspect that if she crosses you off hers, you'll be overly unhappy.

If you do this you may want to move house and/or change your phone number so she can't harass you!

floss2

andysuth wrote: »

.....I'm still being messed around by Abbey NAtional LOSING forums (very incompetant), and giving me incorrect and inconsistant advice.

They have a reputation for this - sometimes the intervention of the financial letters columnists for the Times or the Sunday Times can get a response....

andysuth wrote: »

.....Furtherly Liverpool Probate Office who had told me two weeks have given me an appointment for 17th JUNE (a month away)

This maybe because they are now busy dealing with deaths from this winter (normal annual peak in mortality).

Vomityspice

She's not allowed to harass you.

It only takes two incidents before you can nip off to court to get an injunction under the Harassment Act 1997.

The first time she contacts you, give her a written warning, and the second time serve her a writ.

Definitely going to off her Xmas card list!