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Executor witholding payment.

Mrsunseeker
Posts: 142 Forumite

My wife's mother passed away suddenly last year. The estate has gone through probate and all the other people except my wife who was mentioned in the will have been paid there inheritance. My wife's sister is sole executor.
Each time we contact her she keeps saying she is going to post the check to my wife and never does using some excuse for not doing it. Her sister turned awkward when we moved 20 miles away from the area where her mum, sisters and our children live. We still visited her mum and offered to take her to appointments and shopping. My wife is disabled so was not able to look after her mum has she can not look after herself. I am a full time carer for my wife. It is stressing my wife out and causing her illness to be worse.
We have not seen a copy of the will or a breakdown of the distribution of assets.
We where wondering what is the cheapest way forward to getting what my wife is entitled to.
Each time we contact her she keeps saying she is going to post the check to my wife and never does using some excuse for not doing it. Her sister turned awkward when we moved 20 miles away from the area where her mum, sisters and our children live. We still visited her mum and offered to take her to appointments and shopping. My wife is disabled so was not able to look after her mum has she can not look after herself. I am a full time carer for my wife. It is stressing my wife out and causing her illness to be worse.
We have not seen a copy of the will or a breakdown of the distribution of assets.
We where wondering what is the cheapest way forward to getting what my wife is entitled to.
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Comments
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Turn up at her house and demand the cheque, or get your children to go round and collect it.0
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We have tried that but she never answers the door. I know she is still alive.0
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If probate has been granted, you could start by asking the Probate Office about getting a copy of the will? They may also be able to advise on processes re non-payment.If you've have not made a mistake, you've made nothing0
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Phone her to make arrangements for a cheque to be handed over. Tell her if she refuses you will be contacting the Probate Office regarding taking further action.
If she refuses to give good reason for not handing over the cheque then carry out the threat above.
Agree with RAS about getting copy of will, small fee involved.0 -
Probate office cannot act on this they would suggest that you seek legal advice and start a claim through the small claims court or a claims court if value is over 5000. Maybe before going down the road of taking court action you should maybe have a solicitors letter sent to her warning her of the pending action if the estate is not settled. I would like others have said obtain a copy of the will, the fee is £6 and check what your entitlement actually is
Rob0 -
The will wont list values, you can not see this information.
It will just state the wording of the will.
A solicitors letter is the way forward.
The costs will come from the estate if a legal dispute arises so each beneficiary will have to pay something back, might be worth sending a copy to those named in the will.
they will soon be round at her house when the risk of losing their share inheritance in a legal battle.
Especially those who have spent it.
You may have to play hardball and throw it out in to the open.
Nothing puts cats amongst pigeons like the prospect of losing money you thought you had.Be happy...;)0 -
spacey2012 wrote: »The costs will come from the estate if a legal dispute arises so each beneficiary will have to pay something back, might be worth sending a copy to those named in the will.
That depends on the judge and the track the claim is put on. Is this a small claims case? If so, easy to do a letter before action and raise a case. Costs incurred will be low.
If it goes to another track:
Costs (including the estates) could be awarded against OP.
Executor could be found delinquent and costs awarded against them personally.
OP could pay her costs, estate pays executor's.
Estate pays all.
There is less risk for the executor than anyone else as they would have to be really far in breach for them to be personally liable.0 -
spacey2012 wrote: »The will wont list values, you can not see this information.
It will just state the wording of the will.
The will you get is the exact will that is lodged when probate is granted. It will show all the gifts and the value of the gifts. The probate that is granted will show the value of the estate to a maximum. Usually worded not exceeding xxxxx
Rob0 -
As above start with the probate office for a copy of the application.
The next step is likely to be a request for inventory and account.
If this is not forthcoming then the court can used to take action to get it.
have a read of the following
http://www.stepjournal.org/journal_archive/2009/march_2009/tackling_troublesome_executors.aspx
Inventory and account
The least expensive and, in theory, the quickest way to compel an idle or uncommunicative executor to account for his activities is to apply for an order that he exhibit an inventory and account in respect of the administration (see AEA s.25(b)). This should be done by applying to the Probate Registry by summons supported by an affidavit (NCPR r. 61). Once obtained, the inventory and account can be examined by the beneficiary in order to assess whether any further steps are needed in respect of the executor.0 -
If probate has been granted, you could start by asking the Probate Office about getting a copy of the will? They may also be able to advise on processes re non-payment.
They could get a copy by doing a standing search:
http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/pa01s-eng.pdfIm an ex employee RBS GroupHowever Any Opinion Given On MSE Is Strictly My Own0
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