Beneficiary Representative

briskly_2

getmore4less wrote: »

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.

She tried to get them to take power reserved but they refused.

She has managed to collect about 50% of the savings, after much hassle with them, and finally managed to put the house up for sale with an agent - an offer has come in but they are now causing problems with this - for example by bringing up a trivial dispute with neighbour (completely resolved) - the list is endless. The minute one item is resolved more delays come in. They keep mentioning to her that if she were to die they would need money in reserve to deal with the estate. You name it there is a problem. She is so sick of it she is inclined to just give up - because it means she won't ever have to see them again.

The Probate Office has told me that there is no reason why I can't attend meetings as her representative, but they are so pig-headed they will either not let me in the house or refuse to take part.

getmore4less

There is no need for endless meetings.

The best option would have been to asent the house, one form at the land registry and that's them out of the loop.

briskly_2

Not sure what you mean by asent the house - can you please explain

getmore4less

briskly wrote: »

Not sure what you mean by asent the house - can you please explain

As the sole benificiary have it transfered into her name.

Then they have no more say in the process if she wants to sell.

A lot easer than trying to sell as part of the estate.


if they are trying to cause trouble keep it simple so they only have to sign the forms that transferes each asset to the benificiary where required.

briskly_2

But won't they have to agree to the transfer and it might it cause delays as well as cost? There is an offer on the house which she doesn't want to lose.

Good point about keeping things simple. But there is no reason why they shouldn't sign off the remaining savings now - only that they insist on cover in case she dies!

getmore4less

cover for what?

The simple way to avoid the need for cover for anything is to sign everything off including signing the house over.

The house transfer could have been done as soon as probate came through then there would have been no further interference on that front.

it may be that the way forward it so ignore everything else and focus on the house sale.


Since the estate is substantial a few £100 or even £K spent on some legal advice and a solicitors letter may sort them out.


I do hope your partner has a will.

madbadrob

You dont need all three executors to transfer the house. A copy of the will, the probate letters should be enough to do this with the land registry. There is a rep of theirs on these boards who may be able to offer more advice there.

I am sorry you wasted time ringing the probate office. People on these boards suggest this as a course of action as they feel it is the best advice however the probate office cannot offer any advice in any case where Probate has been granted and very limited advice before it has been granted. They will always suggest you get legal advice elsewhere.

As with anything you can be present when your mum attends these meetings however you could only be there to advise her and not take a part because legally you have no right to intefere.

Has the house is being sold and will mean there is money in the estate I would advise a solicitors letter or two across the bows of the two who are delaying the carrying out of their duties as executors may help. With that in mind does the will state that each executor can work on their own or does it state that a majority must agree? If the former I would just ignore them and tell your mum to get on with it.

Rob

briskly_2

getmore4less wrote: »

cover for what?

The simple way to avoid the need for cover for anything is to sign everything off including signing the house over.

The house transfer could have been done as soon as probate came through then there would have been no further interference on that front.

it may be that the way forward it so ignore everything else and focus on the house sale.


Since the estate is substantial a few £100 or even £K spent on some legal advice and a solicitors letter may sort them out.


I do hope your partner has a will.

There is a substantial amount of money left which they refuse to sign off, saying that they need cover to cover any costs with regard to the house in case she dies. Solicitor course is tempting but can the uncles not then also resort to solicitors at the cost of the estate and by sending 5 lettersor so a day waste the entire estate in next to no time? I think this may be the intention.

She does have a will -thanks!

briskly_2

madbadrob wrote: »

You dont need all three executors to transfer the house. A copy of the will, the probate letters should be enough to do this with the land registry. There is a rep of theirs on these boards who may be able to offer more advice there.

I am sorry you wasted time ringing the probate office. People on these boards suggest this as a course of action as they feel it is the best advice however the probate office cannot offer any advice in any case where Probate has been granted and very limited advice before it has been granted. They will always suggest you get legal advice elsewhere.

As with anything you can be present when your mum attends these meetings however you could only be there to advise her and not take a part because legally you have no right to intefere.

Has the house is being sold and will mean there is money in the estate I would advise a solicitors letter or two across the bows of the two who are delaying the carrying out of their duties as executors may help. With that in mind does the will state that each executor can work on their own or does it state that a majority must agree? If the former I would just ignore them and tell your mum to get on with it.

Rob

The will doesn't state anything about executors working on their own or about a majority agreeing. Thanks for info about not all three executors needing to agree house transfer.

Worried that once we engage a solicitor the two uncles will also engage one, at the estate's cost, and bombard with letters, causing total ruin. Could this happen? They seem hell bent on casuing damage. My partner is now a nervous wreck and can't bear to deal with them.

Mojisola

Did the will say that the executors had to sell the house or that she inherited the house? If it's the second, she should get the house put into her name at the Land Registry and then the sale is down to her. Even if it means losing this buyer, it will give her some control over the situation and will mean she can at least get some of her inheritance sorted.