Executors being obstructive and non communicative

rosy798

Hi, my Mother passed a year ago, and my brother in law is the main executor of her will. My brother is also listed as executor but takes no part in any thing. I dont get on with any of them. . I wrote several times asking for a copy of the will, they ignored it, so I got a caveat. A lawyer then sent me a copy of the will stating my sister and I were each to have one of her rings and my brother was to have bed room furniture. Everything else was to be split 3 ways between us. There is a flat which had to be sold too. They disposed of all Mothers belongings and the money kept in the flat disappeared. I know there is nothing I can do about this. I have not received the specific ring bequeathed to me so wrote asking for it to posted to me. Again this has been ignored. I have heard my brother and sister have both had their bequest. I feel I should have had some of Mothers personal items, photos, and momentos, many of which relate to my children. I have nothing. So my question is, can they really just do as they please? Do I not have any rights at all?
Any thoughts would be appreciated
Rosie

SeniorSam

Your rights are protcted in law.

Contact the solicitor you spoke with and get him to send a letter to the executors stating that as they have ignored your requests and not carried out their duty as executors, you will be taking action with all costs being their responsibility. I suggest you chat with the solicitor firstly as he may have other ideas to help

Sam

rosy798

Thank you Sam. I dont see how speaking to the solicitor would help as I think he is my brother in laws solicitor. At first I thought he was the solicitor my mother used for her will, in which case he would be for the estate wouldnt he? But he is very aggressive towards me, so I guess not. I guess the only way forward is to get a solicitor myself but cant afford it. Would the costs you talk about be their responsibility? I thought those costs would be for the estate? Rosie

G6JNS

rosy798 wrote: »

Thank you Sam. I dont see how speaking to the solicitor would help as I think he is my brother in laws solicitor. At first I thought he was the solicitor my mother used for her will, in which case he would be for the estate wouldnt he? But he is very aggressive towards me, so I guess not. I guess the only way forward is to get a solicitor myself but cant afford it. Would the costs you talk about be their responsibility? I thought those costs would be for the estate? Rosie

I think the way forward is to lodge a formal written complaint with the solicitor. Phone and ask who the senior partner is and address the complaint to him. All solicitors are obliged to have a formal complaints procedure. That will only cost you a stamp and the phone call.

rosy798

Thanks for the reply but I dont really have a problem with that solicitor. I have a problem that the executors can give away all my Mums things without a second thought. There is one pair of ornaments I brought for her with my first ever money I earnt myself with a saturday job at the age of 13, some 50 years ago. My children made things for her, that she treasured, and old photos of my dad and 3 deceased brothers. I was specifically left a ring, described fully in the will, which my sister has, along with the one she was left. I think I may be coming across as grasping, but its sentimental stuff not worth much. The money will be later when the flat is sold, I am not even thinking that far ahead.

g6jns_2

rosy798 wrote: »

Thanks for the reply but I dont really have a problem with that solicitor. I have a problem that the executors can give away all my Mums things without a second thought. There is one pair of ornaments I brought for her with my first ever money I earnt myself with a saturday job at the age of 13, some 50 years ago. My children made things for her, that she treasured, and old photos of my dad and 3 deceased brothers. I was specifically left a ring, described fully in the will, which my sister has, along with the one she was left. I think I may be coming across as grasping, but its sentimental stuff not worth much. The money will be later when the flat is sold, I am not even thinking that far ahead.

If you want a result then write to the solicitor or the executors. The matter has dragged on for long enough.

SeniorSam

The solicitor concerned has seen the Will and will be aware of it's contents. As such, if the Executors have acted improperly, he should advise them that their actions can be liable to legal action. It is then up the the Executors, who are both responsible in the matter, to corrcet matters or be prepared to have a legal action agianst them.

Sam

TBagpuss

You are entitled to receive the ring bequeathed to you, provided that it was still in your mother's possession when she died.

You are entitled to 1/3 of the net value of the estate, after your mother's debts, funeral costs etc have been cleared.

In relation to the personal items, while it would have been reasonable and appropriate to let you have a share of things of sentimental value it is unlikely that you had any legal right to them, in the absence of any specific reference in the will. It sounds as though they were probably things which had no intrinsic monetary value.

If the executors have sold your mum's property but have failed to distribute in accordance with her will then they are at fault, and may be personally liable.

You are likely to need some advice - look for a solicitor's firm which deals with both contentious and non-contentious probate and get them, in the first instance, to write to the executors.
You will have to pay your own costs in the first instance but if you are successful it is possible that the executors could be ordered to pay your costs, if they have acted contrary to their obligations as executors and trustees.

rosy798

Thank you all for your replies.

rosy798

So I have decided to write to the executors and tell them that as they have been obstructive and uncommunicative, along with the break down of relationship, I intend to take it to court to have them removed. Also I have not been treated equally with the other benificaries, as they have had their bequests and everything from Mums home. Has anyone had any experience of doing this? Thanks

BobQ

rosy798 wrote: »

So I have decided to write to the executors and tell them that as they have been obstructive and uncommunicative, along with the break down of relationship, I intend to take it to court to have them removed. Also I have not been treated equally with the other benificaries, as they have had their bequests and everything from Mums home. Has anyone had any experience of doing this? Thanks

Rosy I sympathise with you, this is so unfair on you.

Problem is that your mother appointed the executors and they are not obliged to be fair in distributing the estate. They are required to distribute the estate in accordance with the will. If they do not do that you can legitimately complain.

The will probably empowers them to dispose of everything not mentioned, so items with no intrinsic value can be disposed of as the executors choose. It is more difficult if there are items with some value (say a newish washing machine) where they should sell at a reasonable price and add to the estate.

I recall when my aunt died. She lived 300 miles away and made her boyfriend the executor on the basis that he would be local and sort things and would inherit her share of the house. She had left a notebook detailing various items of sentimental value she thought her family would want. After the funeral I mentioned to the boyfriend that the family would appreciate the family photos and records she kept (she had no children) and he said he would sort them out. A few weeks later I called him to be told that he had found clearing out the house distressing so just burnt all the photos and papers. They meant nothing to him and she would have been disappointed with what he did. People do really strange things.