Non execution of estate after grant

bikeman

My father is the sole beneficiary of my mothers estate.

One of her family is the executor and has applied for/received the grant some 9 months ago.

It should be a simple matter of distributing the estate (some £200K in cash and NSI certificates). Some of the estate was distributed but my father suffers from dementia and has not kept track of what he has received. The executor has ignored requests to provide an estate account so we are unsure of the outstanding amounts.

I have been advised by a solicitor that the courts only remove an executor for serious misconduct and not because they are slow/not effective in the estates administration.

My father is in his 70's and there is a very real danger that I will be administering my fathers own estate whist still waiting for it to be collected from my mother's estate.

I think it is appalling that executors seem to hold all the cards and if they have reason to can delay the estates distribution for years without the beneficiaries able to do anything about it. The grant is issued when the estate audit has been completed so I fail to see why there is no legal timeframe for it's distribution

What can we do?

xylophone

Ask your father's solicitor to write to the executor (special delivery might be best) requesting the information required.
Do you have power of attorney for your father?
http://www.gilmoreandgilmore.com/areas-of-practice/estate-and-personal-planning/wills/executor-duties/

bikeman

Thanks for the reply. A lasting power of attorney was discussed several times but as you no doubt know my father had to initiate this himself and his condition caused it never to happen. He would now not be considered able to make that decision. I have been advised that I must apply to the court of protection to make me a deputy but their initial fee is £800 plus sol costs and this is not affordable for me.

I will ask the to write to the executor but he has already advised that if ignored there is little we can do.

xylophone

You do have rights . From above link:

RIGHTS OF BENEFICIARIES
Beneficiaries in an estate have certain rights. These rights include the following:

The right to be notified when the estate trustee (executor) applies to court for a Certificate of Appointment of Estate Trustee (probate). A beneficiary may make representations to the court whether or not the beneficiary has any objection to the proposed executor being appointed.

An estate beneficiary is entitled to information concerning the original assets to the estate and in relation to the ongoing accounting of the estate. If the executor does not produce this information voluntarily, a beneficiary may require that the executor complete a court supervised review of the accounts.

A beneficiary is entitled to receive their entitlement under the estate in a timely way. The length of time will depend on the nature and complexity of the estate. Generally, if the executor completes the administration within one year, they will not be criticized.

Prior to the completion of the estate, a beneficiary is entitled to see a complete list of all of the accounting for the estate and any relevant other source documents (receipts, invoices, cancelled cheques, etc.).

An executor is entitled to compensation. The beneficiaries are entitled to review and approve or disapprove of the level of compensation. If the beneficiaries do not agree with the level of compensation, a court must set it.

If a beneficiary is unhappy with the job that is being done by the estate trustee, that beneficiary can apply to the court for an order to remove the trustee. A court will remove a trustee if their removal is justified.

With regard to the PA, I'm afraid it looks as though there is a great deal of expense involved, http://www.saga.co.uk/insurance/legal-services/what-happens-when-there-is-no-power-of-attorney.aspx but presumably you are going to have to sort something out so that you can deal with your father's affairs?

It might prove necessary for you have to borrow the initial amount required then arrange repayment from your father's account once you have matters regularized with the Court of Protection?

atush

Given this person is a relative, I would show up at their door.

And go to the CAB in the morning and see if they can get advice as to a solicitor you can afford for the POA.

xylophone

"And go to the CAB in the morning and see if they can get advice as to a solicitor you can afford for the POA."

It's not only the solicitor's fees - there are certain fees in relation to the application to the Court of Protection. See link above.

bikeman

This seems to be going off at a tangent re power of attorney. At this stage I just want to remove or get some action out of an executor. I've been told the only resolve to to go to court and accuse the executor of misconduct on the basis that he has failed to provide accounts when requested to.

The link given above is in relation to Canada, I am in the UK.

Norman_Castle

http://www.adviceguide.org.uk/england/your_family/family_index_ew/dealing_with_the_financial_affairs_of_someone_who_has_died.htm#after_probate_or_letters_of_administration_has_been_granted

This advises that executors can renounce. Might be an option for the executors.

xylophone

http://www.quickpurchase.co.uk/content/probate-beneficiaries-explained-sell-probate-property
http://www.edwardsduthie.com/probate.html

You can see that it is much the same in this country.
The beneficiary has the right to expect that administration is completed in a timely manner, to see the accounts and to apply to the courts for the removal of the estate trustee in certain circumstances.

However, you will note that these are the rights of the beneficiary and the beneficiary from what you have said is incapable of managing his own affairs. Therefore either his solicitor can write as I first suggested or you must obtain the right to manage your father's affairs through the Court of Protection and proceed from there through your own solicitor?

xylophone

Norman_Castle wrote: »

http://www.adviceguide.org.uk/england/your_family/family_index_ew/dealing_with_the_financial_affairs_of_someone_who_has_died.htm#after_probate_or_letters_of_administration_has_been_granted

This advises that executors can renounce. Might be an option for the executors.

The executor has already acted and has obtained probate.

atush

But the executor is a relative of your mother. So is a relative to you? So surely you can contact them and ask them?