Who regulates executors?

Trusting_Fool

Before my Dad was even in the ground my relatives were pestering me to renounce the bank as joint executors. I bitterly regret their pressure at a vulnerable time.

They went through his flat the same day he passed away.

I was not allowed a key to the flat, have not seen any documentation on his estate. I was the sole beneficiary.

Not happy with this but didnt want to upset the applecart.

The final straw now is this....

His flat has been on the market for a long time, incurring council tax, ground rent and service charges. I phoned the company direct yesterday, spoke to accounts saying..."I now realize paying these costs when the flat sells is not practical and need to start making some interim payments. She replied that my executor had agreed to pay £100 per month, made one payment then stopped, if I hadnt rang they were going to put in the hands of a solicitor.

I now realize I have been hoodwinked and desperately need reputable avenues to persue

Any help gratefully received :beer:

opinions4u

Who regulates executors?

See a solicitor.

The law is your recourse.

chattychappy

There is no regulator of executors. In the first place I would go through the bank's own formal complaints procedure.

There was a recent Panorama programme (might be available on the BBC website) about Will writers and the various scams that go on - one of which was getting people to appoint them as executors. Hopefully with the bank it's incompetence rather than out and out fraud.

This is a specialist area. It seems you (or someone else) might be a co-executor? In which case it might not be necessary to remove the bank. It would be best to see a solicitor, but make sure it's one with experience in this area. Many small high street firms will take on anything ("wills, divorce, conveyancing, company formation" etc) but won't necessarily have the specialist skills. Better to approach a larger firm that has a department or team that deals with this stuff. Here's one that appears to:

http://www.wrighthassall.co.uk/resources/articles/wtt_removing_substituting_executors.aspx

But no doubt you can google around. Ring a few - and get a feel for who knows what they are talking about.

There is a real chance that at the first sign of trouble the bank will agree to stop acting. To remove them would require a court order as far as I know.

(NB I'm a lawyer but this is outside of my practice area. I don't have any connection with the firm above, so can't vouch for them.)

Fruit_and_Nut_Case

Trusting_Fool wrote: »

Any help gratefully received :beer:

I'm not sure that the Credit Cards area is the best place to post this question. That said, good luck.

John_Pierpoint

I think that before we make any more off the cuff recommendations, we need to know a lot more about the original poster and his/her family dynamics.

Surely the first question was "Why did I agree to the bank not being the executor?"

As far as I can see the original poster should have said "Just assign my flat to me" - cost a few hundred pounds at the Land Registry - "I will decide what to do with it" (or is there a mortgage on it).

Another question could be "Why did the deceased want the bank to be an executor" perhaps the deceased knew his family and realised there could be trouble ahead.

We also need some figures put on the estate, a rush to law could result in nobody getting anything very much at all.

Where did the OP get a copy of the will from? Exactly what does it say.

Death is a bit like sex; it works out better if everyone in the family is told honestly and openly about how it works.

Exactly who are the current executors - you need to be very careful before accusing one of your near relatives of being a crook.

It is not really surprising that the government does not want to get involved in these machinations any more than the police welcome a "domestic". Those calling for regulation need to realise that yet another party getting involved could make things worse.

Just try applying for Lasting Power of Attorney and you will see what I mean.

John

PS You get a 6 month holiday from council tax after the grant of probate - so someone should have at least spoken with the OP by now. Has Dad been dead a year yet - it is customary to allow the executors 12 months from death to get their act together, even the tax man allows 6 months before demanding interest and the law (English & generally speaking) allows 12 months before interest has to be paid to legacy beneficiaries .
It must be c0ck-up or conspiracy, the OP thinks the latter I bet you, it is just incompetence, coupled with a failure to realise just how complicated sorting out an estate can be. [It is not really complicated BUT most of the people one deals with have zero knowledge of probate matters but won't say so].
I would recommend reading the LATEST EDITIONS of the Which? books "What to do when someone dies" and "Wills & Probate" before talking to anyone.

opinions4u

John_Pierpoint wrote: »

I think that before we make any more off the cuff recommendations, we need to know a lot more about the original poster and his/her family dynamics.

Surely the first question was "Why did I agree to the bank not being the executor?"

My response simply answered the question. I was not recommending any course of action.

Trusting_Fool

Thank you so, so much for the replies.

To clarify..I renounced the bank as executors as my relatives were putting pressure on me from right after his death.

I was in shock/grief and did not want to think about money at that time.

This was 3 years ago, I simply walked into the bank and asked for a copy of will and asked them not to be joint executors, I think, although my recall might be hazy.

My dads flat is on the market for 130k.

If this question is in the wrong place, where should I move it to?

Very quick responses I will reply sooner in future.

Many, many thanks

John_Pierpoint

Who are the executors?
(Three years and no news is ridiculous)
How come you had the authority to tell the bank what to do? - I had to get my hands on the real will (not a photo copy) and go along with proof of identity before the bank (Lloyds) would even talk to me & accept the death certificate and I am the sole executor.
(How they can prove it is the only will is another matter).

Is there something in this situation that you are not telling us?

Most of the postings about wills & probate are in the tax saving part of the forum, but I have a feeling this one is more suitable to families and relationships:

Main site > MoneySavingExpert.com Forums > Home & Play > MoneySaving in Marriages, Relationships & Fami... > What to do when a partner/spouse dies. (Page 1)

https://forums.moneysavingexpert.com/discussion/344578

.

Trusting_Fool

The bank held the will, my relations said to ask for it, so I did. They then advised me to renounce the bank as joint executors, saying it would save me money.

I have had news, some money from his estate, but no copies of bank statements or inventory.

There is nothing I am with-holding from you, just ask away.

I will repost in the link given later on.

Thank you for taking the trouble to reply.

John_Pierpoint

It would be more useful if one of the board guides moved the thread as a whole.

Who is the executor(s)?

It seems to me that you must be.

ILW

OP, are you now the sole executor?