Who regulates executors?

opinions4u

Can a bank legally step aside as executor?

That really doesn't seem right to me.

noh

opinions4u wrote: »

Can a bank legally step aside as executor?

That really doesn't seem right to me.

It is possible for an executor to renounce the appointment.
The Probate form PA1 caters for this in section A6.

From the information the OP gives it seems that he is now the sole executor so any remedy is in his own hands.

Trusting_Fool

No, I am not the executor, my cousin is.

I agree Im in the wrong place, Ill try the mods

noh

Trusting_Fool wrote: »

No, I am not the executor, my cousin is.

I agree Im in the wrong place, Ill try the mods

Who were the original executors named in the will?
The bank and who else?

John_Pierpoint

Is there a problem simply talking to the cousin?
He/she might need a shoulder to cry on because of the problems created by something your dad did, that has taken ages to sort out.
I had something a a tussle with Barclays bank (incompetence) and HMRC (poor communication - We don't answer letters, we don't give members of the public telephone numbers).

If it is any help here is an interesting thread:
https://forums.moneysavingexpert.com/discussion/1120993

Trusting_Fool

The bank and my cousin were named.

I have spoken to my cousin on quite a few occasions, I have not made a fuss or complained when they:
1)Went straight to my Dads flat the day he died to sort through belongings

2)Gave me details of his financial affairs, not backed up by written proof

3)Barred me from entering premises without them present

4)Sold furniture rediculously cheap

%)Not replied to emails

However, putting this flat at risk by making agreements to pay monthly, the ground rent,and service charge, then not telling me as well as not making the payments, is in my view, unforgivable.

I will be seeking legal advice as soon as possible, I just hoped for some pointers and guidlines

John_Pierpoint

It is very difficult to prove negligence against an executor, even if you do who will replace your cousin?
If I was your cousin or your bank with nothing in it for me, I would simply bang out the flat at the next public auction - job done no case to answer.
Bankruptcy is described as "living death" because the procedures are very similar. Most bankrupts are not entirely happy with the way they are treated.
[When I was executor for my mother's estate - I got the local auctioneer in to see if any of the possessions had serious value. He got talking about his job and said how much he liked banks. They just say "clear the place" and send us an account of what you get for it. Unlike private individuals who haggle away in the family and want reserves put on everything.
In my experience most estates have to pay to have the contents cleared. There is very little market for second hand non antique possessions]

That said - why did the cousin want to sell the flat if he/she could just transfer it into your name?

Did you have a read of the mega thread that I linked to in my previous posting - I think the answer is no because it takes all afternoon and lasted over years. It documents the trials of a beneficiary, perhaps in a situation somewhat like yours, as they battle with an incompetent executor.

One final thought, have you called in at a local probate registry to see if probate has actually been granted and if so when and for what value?
http://www.hmcourts-service.gov.uk/cms/1226.htm
After probate is granted there remains the chore of doing the 2 month advertising for any other claimants - this is not mandatory but a protection for the executor.
You could try scanning the London Gazette (where did dad live and die?) to see if the advertisement has been placed.
http://www.london-gazette.co.uk/issues/recent/10/personal-legal/deceased-estates/start=1

jamesd

Trusting_Fool wrote: »

3)Barred me from entering premises without them present

Since you were the sole beneficiary, that's particularly daft, since you were to be the owner of the flat and its contents after debts had been paid. You should also be the person deciding how soon you want it sold, which while technically the job of the executor, is really mainly up to you as sole beneficiary who's the party most affected by it.

Sorry to write it, but you need a solicitor and your cousin needs to be asked to provide details of all assets, income (and gifts or simply taking of items from the flat) and expenses of the estate, from the time of death, to the solicitor.

Your cousin and relatives have clearly not been acting appropriately. Maybe also not illegally, but definitely not as they should be acting.

nearlyrich

I will move this from Credit Card forum as requested....

These kind of questions about will etc seem to get answered on the Over 50's board....

Trusting_Fool

John_Pierpoint wrote: »

[When I was executor for my mother's estate - I got the local auctioneer in to see if any of the possessions had serious value. He got talking about his job and said how much he liked banks. They just say "clear the place" and send us an account of what you get for it. Unlike private individuals who haggle away in the family and want reserves put on everything.
In my experience most estates have to pay to have the contents cleared. There is very little market for second hand non antique possessions]

Thanks, always handy to see the other side.

Cant auction property as its a retirement complex, must be over 60.

Your right, I read the first three pages then gave up. Too close to the bone, losing both parents quickly then finding strength to deal with legalities.

As Im 43 there was some doubt whether the deeds could be transfered. This will be taken up quickly with the solicitor who holds deeds.

Thanks again to everyone who has taken the trouble to reply.