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Advise for dealing with executors that are withholding...

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  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    pixiescar wrote: »
    I have received a copy of the grant of probate and will from the government forum and it doesn't tell me much more that the money is to be split between us three siblings and that the executors were changed to 2010 from my Dad's father and sister to my step mom and brother.

    He was heavily alcoholic by this point, but I don't think I am able to contest this in retrospect.
    I was told that the documents and cheque would be sent this weekend, but I have yet to receive notice from them telling me that it has been sent. So I am assuming it hasn't been sent.

    If they don't send the cheque or documents at all, is there a way I can nullify them and get them directly from the solicitors?
    I don't know what you men by nullify in this context. I would wait a few days then lodge a complaint with the solicitor.
  • g6jns wrote: »
    I don't know what you men by nullify in this context. I would wait a few days then lodge a complaint with the solicitor.

    I just mean, as the executors are not handing me either my monetary share or the estate accounts, whether I can get that cheque "cancelled" which they have and receive the funds and details directly through the solicitor if I lodge a complaint?

    I shall wait a few days as suggested. I have just been notified that it was not posted by the executors yesterday (as promised for about the 7th time in the last month). So frustrating!

    Thanks for all your help though!
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    You might have to tell them you are instigating a probate fraud claim with your solicitor unless they can place full accounts, un-redacted down to pounds shillings and pence with 7 days on the table along with your beneficial payment .
    Make it very clear, you are offering them one and only one chance to escape a probate fraud investigation by meeting with you with accounts and cheque book.
    I would think that is more than fair.

    Your solicitor can send this letter.
    I do Contracts, all day every day.
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    You might have to tell them you are instigating a probate fraud claim with your solicitor unless they can place full accounts, un-redacted down to pounds shillings and pence with 7 days on the table along with your beneficial payment .
    Make it very clear, you are offering them one and only one chance to escape a probate fraud investigation by meeting with you with accounts and cheque book.
    I would think that is more than fair.

    Your solicitor can send this letter.
    No need to got the expense of getting a solicitor to send the letter. Make sure the letter is headed up "Without prejudice".
  • g6jns wrote: »
    I don't know what you men by nullify in this context. I would wait a few days then lodge a complaint with the solicitor.
    Just quickly reading through this thread I can see no mention of the capacity in which the solicitors are involved. As they keep referring the OP back to the executors I'm going to guess they may just be perhaps conveyancing solicitors dealing with the sale of a property? If this is the case there's no mileage in pursuing them or complaining. They would be correct in their referral to the executors.
  • Just quickly reading through this thread I can see no mention of the capacity in which the solicitors are involved. As they keep referring the OP back to the executors I'm going to guess they may just be perhaps conveyancing solicitors dealing with the sale of a property? If this is the case there's no mileage in pursuing them or complaining. They would be correct in their referral to the executors.


    No the solicitors dealt with the entire will and estate. Including the sale of the property, collecting bills, sorting debts etc.
    We have had about 4 different solicitors overviewing this from the same firm, for reasons which I am unsure of. The executors did tell one solicitor that they could talk to me about any dealings with the will, until I happened upon her taking £12,000 out. She claimed that this was a "gift" for us all. Yet I did none of the beneficiaries knew that this was being taken out and I did not know that it would be so easy for an executor to remove funds from the solicitors.

    After that happened, the next solicitor refused to speak to me and the executors just kept telling me that they were not very good at their job. Everything was very vague from then on, but I do know that I was being stonewalled from any actual details.

    My step-mom is also saying that she is sending me something in the post to sign. Yet I contacted the solicitors and even though they were cagey, they said that they weren't expecting anything from me.

    All so very suspicious. Again, I have asked if things were in the post for me and my brother (one of the executors) said that he didn't think my step-mom had posted anything at all. Ugh.
  • pixiescar
    pixiescar Posts: 39 Forumite
    edited 20 January 2015 at 1:25PM
    g6jns wrote: »
    No need to got the expense of getting a solicitor to send the letter. Make sure the letter is headed up "Without prejudice".

    I've just received a letter and cheque from the executors with something to sign and return to the solicitors. Yet NO estate accounts at all. So I have called the solicitors saying that I can't confirm the amount that I have been shared due to the fact that I have NEVER seen any estate accounts and therefore don't know the ins and outs of what is going on. The secretary has taken my details and said she would get back to me, so fingers crossed they send me the estate accounts!!!:T

    N.B
    I started a new thread just to see if anyone know about the 'net estate' amount just to see if anyone can shed any light on it, but thought it would be worth asking here as well.
    I have the grant form purchased from the .gov.uk website and it states the estate is not over the inheritance bracket and 'does not exceed' £XXX,XXX.
    I have called the solicitor again to receive the estate accounts, yet this net amount does not come anywhere close to the 3rd that I have received. Am I missing something? Is this net amount supposed to be after all deductions and what is left for the beneficiaries?
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