Beneficiary Representative

briskly_2

My partner is the beneficiary in her late father's will and is also an executor. There are two other executors - her uncles on her father's side. The problem is that the 2 uncles are making her life hell - she has done all the work to obtain to pay IHT and obtain the probate grant but the pair of them present obstacles and difficulties daily and seem to enjoy upsetting her and making her travel 250 miles a time for endless meetings. They refuse to speak to me. Does anyone know if she can insist that I am present at meetings - perhaps in the role of a Representative? I think this is the only way I can support her properly and try to put a stop to this bullying behaviour. We are reluctant to start getting solicitors on board as costs could then spiral out of control.

Very grateful for any help!

getmore4less

45p per mile(HMRC think this is fare for the use of your own car) expences should cut down the meetings.

executors can't charge for time but can for the costs of doing the job.

briskly_2

Thanks - but the meetings are in the Uncle's home town, so the expense is all my partner's. The main problem is that they are bullying her and I need to be present at the meetings. They insist that they will only deal with her - but can she legally insist that I also attend - as her (the beneficiary's)representative?

daska

I think gm4l is referring to your partner charging the estate for travel to the meetings. If the uncles are beneficiaries and it starts coming out of their pockets it may make them a little less inclined to waste her trips.

I know it isn't possible for an executor to give power of attorney to someone but I believe they can appoint an agent to act on their behalf, I wonder if that could also be a chargeable expense that could be used to exert some pressure? No experience of this, just pondering...

RAS

In what way are they bullying your OH?

Has she spoken to the Probate Registry about the issue?

briskly_2

Hard to describe the bullying. I suggested calling the Probate Registry but she is reluctant to do so. The uncles reduce her to tears most time she calls them - they are being deliberately obstructive and presenting difficulties. When I try to take over the 'phone they hang up on me. I need attend the meetings for her sake - she is the only beneficiary and doesn't deserve this treatment. But they will object and walk out of any meetings if I show up unless I have a water-tight legal right to be there. Anyone know if this is possible?

RAS

Start to record all calls might be a good idea. Then she has a record of their obstruction; at the moment it is just her word against theirs and there are two of them.

She needs to call the Probate Registry and ask how to deal with obstructive fellow executors.

daska

Why don't YOU ring the probate helpline? They can give advice on procedure etc. and if they aren't able to suggest anything then get some legal advice, it may be that a shot across the bows is enough. Any idea why they're being obstructive? Are they cross about not being beneficiaries?

0845 30 20 900

briskly_2

Have just called the Probate Registry - they can't help. Just suggested that I get legal advice.

I think they are cross that they are not beneficiaries - but also there is a natural bullying nature in the family.

getmore4less

As the sole benificiary she should have got them to take power reserved or renunciate and do it on her own there was no need forthem to be involved at all.

What way are they trying to cause trouble?

She should just do everything and stick the forms in from of them to sign.

if it has got as far as actualy getting the grant it should now be a collection proceess and pay the bills.

getmore4less

scrub the mileage it does not help since they don't lose out.

A threat that they are being negligent and any cost delays they could be personaly liable not the estate may help.

here is a link thta has some stuf about difficult executors.

http://www.lawpack.co.uk/probate/articles/article7435.asp

there are others.