executor question

mollysgarden

I have a situation whereby the executor refuses to deal with a deceased estate but says will take any benefits he will be entitled to as the sole beneficiary ! I understand because of this inaction the deceased net assets will eventually go to the treasury.
My question is if you were me ( last living relative ) what would you do ?

Jenniefour

Does the will state that the executor is the sole beneficiary?

Marktheshark

mollysgarden wrote: »

My question is if you were me ( last living relative ) what would you do ?

Absolutely nothing.
Nothing in it for you either way.

Mojisola

mollysgarden wrote: »

I have a situation whereby the executor refuses to deal with a deceased estate but says will take any benefits he will be entitled to as the sole beneficiary ! I understand because of this inaction the deceased net assets will eventually go to the treasury.

My question is if you were me ( last living relative ) what would you do ?

Tell him that if he doesn't act as an executor and sort out the estate, you will go for Letters of Administration and deal with the estate as intestate in which case it will all come to you.:rotfl:

Babbawah

mollysgarden wrote: »

I have a situation whereby the executor refuses to deal with a deceased estate but says will take any benefits he will be entitled to as the sole beneficiary ! I understand because of this inaction the deceased net assets will eventually go to the treasury.
My question is if you were me ( last living relative ) what would you do ?

You understand wrong.

May we ask of your relationship to the estate & is the estate enough to qualify for probate?

mollysgarden

Jenniefour wrote: »

Does the will state that the executor is the sole beneficiary?

there are 3 charities who should each receive a small sum with the remainder going to the executor.

mollysgarden

Babbawah wrote: »

You understand wrong.

May we ask of your relationship to the estate & is the estate enough to qualify for probate?

Eldest survivor , enquires to date no one is revealing because I'm
not the executor !

mollysgarden

Mojisola wrote: »

Tell him that if he doesn't act as an executor and sort out the estate, you will go for Letters of Administration and deal with the estate as intestate in which case it will all come to you.:rotfl:

Many thanks , because this case involves the isle of man does your advice still apply.

Beenie

Why do you say that the Treasury will get the estate? If there are surviving relatives, then it must pass to them I believe. Someone, possibly the bank or whatever government agency deals with these things, should encourage the beneficiary/executor to apply for probate. There may be reasons s/he is delaying the application, there is after all a lot to do, and from answers that I've read on other posts, there isn't actually a time limit for probate application. This is an interesting question though, and I'll be happy to be corrected.

Mojisola

mollysgarden wrote: »

Many thanks , because this case involves the isle of man does your advice still apply.

It seems so -

http://www.courts.im/courtprocedures/willsandprobate/introduction.xml
If the deceased left a will but did not appoint an executor, or the executor cannot or will not act, then the person entitled to the residue of the estate, or any other beneficiary as the case may be, under the will may apply for letters of administration.

In this case, one of the charities could apply to administer the will.

mollysgarden

Beenie wrote: »

Why do you say that the Treasury will get the estate? If there are surviving relatives, then it must pass to them I believe. Someone, possibly the bank or whatever government agency deals with these things, should encourage the beneficiary/executor to apply for probate. There may be reasons s/he is delaying the application, there is after all a lot to do, and from answers that I've read on other posts, there isn't actually a time limit for probate application. This is an interesting question though, and I'll be happy to be corrected.

Because the executor cannot or doesn't want to be involved or gain (already rich and famous) the complication for me is I am not named in the will but would qualify by bloodline if no will was left, therefore my uncles estate/money just stays put and untouched in perpetuity, meaning the will and my uncles wishes cannot be carried out and therefore does the will become null and void allowing me to claim the estate/assets ?
Not forgetting 3 charities were also due a donation but without a executor they cannot apply for admistration because there is no one to tell them .