Executors and beneficiaries question

shibumi

I currently have a very difficult situation on my hands.

My grandmother died almost a year ago and the two executors are her daughters. The beneficiaries are her daughters, my brother and myself (this is because her son (our father) pre deceased my gran.
The trouble is that her bungalow is not being marketed and is currently being lived in by by aunts sons!! They seem to come up with various excuses as to why now is not the right time to sell. The sons are not paying any rent either.

Does anyone know where I stand on this?? I think they are taking advantage but I don't know if I have a leg to stand on as I am only a beneficiary not an executor.

deadi

Hi shibumi

I have no other expertise but have recently been both beneficiary and executor of my mother's will. I take it that all or part of your proceeds of the will have not been paid or are dependent on the sale of the property? Do you know whether probate was needed or obtained (it has to be if the estate is worth more than a certain value - check the probate web site for the current amount)? If it was, you can register a complaint with the probate office - the sons should be paying a market rent at least and you may be able to force a sale. Otherwise you need to see a solicitor, try your local CAB first.

Good luck

deadi

Poppy9

I thought executors only had a limited time to execute their duties. Wasn't there a case in the news about a charity suing an executor because the charity were a beneficiary of a will and they hadn't been paid because a property hadn't been sold. The property was on the market but there were no takers. The executor was held to be liable.

I think you need to contact a solicitor.

Have a look at the Beeb site too.


BBc

shibumi

Thanks for the advice. Probate was given so I will keep the complaint route in my back pocket should I need it. Neither my brother nor I have been given copies of the will even though we are beneficiaries which is another area they have fallen down on. Thanks again I shall be off to the CAB tomorrow!

Paul_Varjak

You can get a copy of the Will from the Probate Office as it becomes a public document once probate has been granted. There is a small charge for this.

But the Probate Office cannot assist with any complaint. Their duties end once probate has been granted.

To quote from the Probate Office leaflet:

Please note that we cannot give any legal advice about, for example, the distribution of the estate. You may need to speak to a solicitor/legal adviser or visit a Citizens Advice Bureau.

So, I would suggest getting a copy of the Will first and then see a Solicitor or the CAB.