Beneficiary trusting an executor of a will

Thrifty76

Hi, any help with this situation would be greatly appreciated as I have no knowledge or experience of this and am struggling to find any assistance. I am the beneficiary of a will which splits the estate into percentages attributed to each beneficiary. The executors whom I do not know are both beneficiaries.
The death occurred during the sale of the deceased's property which I have been told must go ahead as contracts were signed but not exchanged, what must also go ahead is the purchase of the new property for the same reasons.
So the will includes a property and undisclosed money to be divided up between 4 beneficiaries in the form of percentages.
My concerns are that the executors have advised that due to save money things will not go to probate, and they have began the process of closing bank accounts and having cheques written to themselves.
Due to lack of knowledge I am asking what is stopping the executors not declaring money in the estate, ie, I would have no knowledge if a savings account was closed and the executor was to keep this money for themselves.
I have tried to get help from a solicitor but they do not seem interested unless it was a case of contesting the will (which it isn't). The solicitor dealing with the will is reluctant to speak to me and I am worried about any contact I make with him returning to the executor, as I am now feeling that anything I receive from this will is as a result of the executor's decision.
Common sense would say that an executor must account for everything the deceased had, but I am wondering how this would be done and how I would have my mind put at ease. Thanks in advance

madbadrob

The executors do not seem to know the rules regarding probate. The fact there is property means probate must be granted. The new property forms a part of the estate. Probate is required when there is property shares or a ban requires it to be granted. The executor must provide account for all beneficiaries and these accounts should show bank statements etc. They would also be advised to open an executor account to show all monies going in and then going out.

There is nothing to stop an executor being a fraudster but their own morals. This is why accounts are required. If you are worried obtain advice from a solicitor

Rob

Tuesday_Tenor

How long ago did the death occur?

Have you been given a copy of the will. If not, how do you know you are a beneficiary?

I have no knowledge about property transfers continuing once one party has died. As there is a solicitor involved one would assume this was all in order.

However, what doesn't make sense at all is the bit about not going to probate. Surely the executors would have to have probate to sell a property held in the name of the deceased or the deceased's estate?

If you are a main, named beneficiary you will,at the end of the process, be entitled to receive a set of estate accounts, which should list the assets and debts of the estate, and how the net estate was distributed.

During the process of dealing with the estate the executors have no legal obligation to keep you informed, though it would be courteous of them to do so. I would say that if you haven't had any news of progress within six months of the death you should write asking when they expect the estate to be settled. Which returns me to my first question - when did the death occur.

The bit about not going to probate would make me a bit suspicious, though, so I would query this element initially. Did the solicitor you spoke to not pick up on this?

Thrifty76

Thanks for your responses. The death only occurred 3 weeks ago and i have received a copy of the will which states the percentage shares of the beneficiaries.
I have contacted the solicitor who initially advised that it would go to probate, however I'm not sure the solicitor is aware that the executor's intend to 'do their own probate' as they have said and have began the process of closing accounts.
If this is the way a will works then fine, but with no experience of these matters it seems wrong that it can all depend on the honesty and the interests of the executor/s.

getmore4less

If the contracts were not exchange then they should probably consider a hold on the transactions especialy the purchase.

Is there are need to house someone?

are the properties jointly owned with others.

getmore4less

they can still do probate/administration properly without a solicitor, it costs about £100 and can save a lot on solicitor fees.

troubleinparadise

Wouldn't the death mean that the contracts to sell/buy would be nullified?

As property is involved I would have thought that probate was necessary, and needed for some (if not all) account closures, plus depending on the exact wording of the will, an executors account to deal with receiving funds and paying debts and beneficiaries.

I'm afraid you are reliant upon the integrity and honesty of the executors as to whether all is done correctly and transparently.

Tuesday_Tenor

OK, if the death was only three weeks ago and you have already received a copy of the will then I would say that the executors are acting efficiently and openly, and communicating well, which is reassuring.

Probate is just the process of getting the executors registered at the probate office, and them getting the official certificate (grant) which gives them the authority to deal with the deceased's assets, accounts and debts, and to distribute the net estate according to the will.

I think what the executors have probably said, but you misunderstood, is that:

They are going to apply for probate themselves, rather than paying a solicitor to do so. If the estate is fairly straightforward then this is sensible and will save the estate £x000 , which shows them acting in the best interests of the beneficiaries.

[this makes more sense than the previous money-saving reason stated, as the probate application itself only costs apprx £100].

With the death occurring during property transfers I would think the executors would need legal support on this conveyancing aspect, but it sounds as though they have this.

I think in your shoes, I wouldn't worry at the moment, but would use this opportunity to learn more about the process of probate and the duties of executors. This will be useful in general, and will help you ask pertinent questions of the executors if they don't communicate or you are concerned about anything.

You could start here:
https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation

Do post again if you have future concerns.

Errata

Wouldn't the death mean that the contracts to sell/buy would be nullified?

One would think so as the deceased is in no position to instruct a solicitor to exchange contracts, nor in a position to sign completion documentation.

Thrifty76

Thanks for your help and explaining probate. I am nervous that the process is entirely subject to the executor's honesty, however it looks like I have no option than to trust them. Thanks again

getmore4less

Thrifty76 wrote: »

Thanks for your help and explaining probate. I am nervous that the process is entirely subject to the executor's honesty, however it looks like I have no option than to trust them. Thanks again

The dead person trusted them,