Has the executor exceeded his authority?

Ted1950

Hello, I've been searching around on many different forums, including this one and I cant seem to find the answer I'm looking for. I'm sorry if this is in the wrong forum, I didnt know where else to put it.

I'll try and keep this as brief as I can.

My children were left an inheritance in their great-grandmother's will. This was to be held in trust until they are 21.

We had no communication with the sole executor (their great-uncle) who is also the sole trustee, until February this year when we received a letter stating that the trust had been set up.

Last week we received a letter from him asking us to sign forms that made us the registered contact for Junior ISA's he'd set up in their names. Apart from the fact my children are ineligible for Junior ISA's as they have CTF's, when setting up the accounts he told the bank he was my children's guardian! The bank didnt query this or ask for my children's IDs and set up the accounts.

When we received the forms and found out that our children weren't entitled to have them, we informed the bank of the error. The accounts have now been closed and the monies returned to the executor.

We believe that he exceeded his authority by
a) claiming to be the children's guardian
b) setting up bank accounts in my children's names without our permission
c) not carrying out his duties as stipulated in the Will ie setting up trusts

Can we challenge his continuing involvement in the financial future of our children, given that he is incapable of carrying out the instructions and duties of a trustee?

I wrote a letter to him last week asking for an explanation of his actions but I've not received a reply yet.

Any advice would be most helpful before I contact a solicitor.

Thanks in Advance
Ted

Errata

Speak to the Probate Office and ask for guidance. They're very helpful and free.

PasturesNew

He's probably lost and bogged down in official gobbly gook and is just trying to get through what can be a confusing and mind boggling process. I'd not want to do it.

Ted1950

Thanks for the replies. I wouldnt want to do it either lol.

Nevertheless, he did agree to be executor/trustee and should probably have stuck with the solicitor who was originally advising him. From what I do know, being an executor can be pretty straight-forward but a trustee is a whole different ballgame.

Fire_Fox

Why do you want to make such a drama out of it? So he made a mistake, no real harm done. "An explanation of his actions", really?? If he'd used a solicitor there would have been a lot smaller inheritance for your children.

Ted1950

He made a mistake?? Claiming to be the guardian of someone else's children and setting up ISA's instead of trusts is not a mistake, it's incompetence.

Mojisola

He sounds out of his depth. Would he let you help him set things up as they should be or would he go back to the solicitor if you suggested it?

Ted1950

Hi Mojisola, thanks for your helpful comment.
As you noted, yes he is out of his depth, We think he just wants a quick fix but being a trustee means for the term of the trust, which we believe he's unwilling to commit to.
He does not communicate with us in any way even though we have written to him. At the moment, I have reason to believe he is seeking legal advice. Whether he will follows it remains to be seen.
We just feel he went beyond his remit as executor/trustee.

daska

I suspect he has overstepped the mark out of an effort to save money rather than maliciously. In a sense he is 'guarding' the money for the children.

But he does sound well and truly out of his depth, what on earth will he attempt when it came to working out the tax liabilities?!

Trusts are one thing for which I would never suggest DIY. You really don't want to leave yourself open to action by the taxman for underpaying because that can't be paid for by the trust whereas solicitor's fees to set the trust up properly can be claimed!

Mistral001

Writing letters asking the executor to "explain his actions". ????

If the OP wants to pursue this matter he/she needs to consult a solicitor as far as I can see.

Ted1950

Hi daska and Mistral,
thanks for your comments.
daska, we were concerned about tax liabilities as well. Seems he'd prefer a hands off approach which was probably why he tried to set up ISA's.

Mistral, our solicitor suggested we write first to keep it amicable and to keep our costs down, in the first instance. He needs to communicate with us so we can give him the correct information about our children for tax purposes.

Thanks again for taking the time to reply.