More help..

Mojisola

Tradzor wrote: »

So i need to send her a letter stating i cant agree this is whole of my share? she probably wouldn't even acknowledge it

That doesn't matter - you need to put in writing that you do not accept that the cheque is the final settlement of your inheritance. Keep a copy of your letter.

elsien

Sorry to jump on board, but I wasn't aware that there should be accounts showing the beneficiaries breakdown. Should these be filed somewhere - just wondering what the options would be if the executor refused to disclose?

BobQ

Tradzor wrote: »

Just checked it out, your right.. this is nuts.. can i go to the police about this? should i even put the £2000 she is sending me into the bank?

Your aunt is the executor and has sworn an oath to comply with the will.

However, she is entitled to administer the estate (ie execute it) without explaining anything to you. That said most executors do not adopt that attitude since it breeds suspicions. But once it is complete she must explain what she has done with the estate (money and property).

On the face of it your aunt has declared debts of £3500 (which seems fair allowing for the cost of a funeral) and the net estate of £17700. I would expect this to be divided equally between those named and the medals and other property handed to the three of you to determine what to do with it.

Two possibilities, has she suggested that the £2K is payment on account while debts are settled?

If this is the full amount there appears to be a big discrepancy. Is it possible after applying for probate she found some additional debts?

Either way you are entitled to a statement of what she has done with the £21200 (interesting that they are all round numbers). If she refuses to hand over property and the right amount (or explain it), you should contact the Probate Office or a Solicitor once you get the cheque, or tell her that you will do so unless she explains. (I agree with the above - in writing)

Tradzor

I see..BOBQ she hasn't suggested or spoke about anything bob.. i mean the cheque my sister got was in a little celebration card saying 'this is from your dad , do what you like with it.'


To be frank bobq, my dad served in the army, he suffered from MS for many years, all he done was watch tv and attend his center, he would not of accumulated any debts what so ever my mum said he wouldn't of had any debts either being on a 2 pensions ( not sure on exact information ).


After the call to her today after my mum was finally able to get her number she didnt mention anything apart from my cheque was sent today via recorded delivery, when i mentioned the will she was like ' what do you mean' everything was paid and then divided between you 3.


She does not know I have the copy of the grant or the will BoBQ .. she would think i wouldnt have the sense to look into this.


As for communication its been made clear im not to contact her again..


Should i just go to a solicitor then?

Tradzor

Probate was extracted just 2 months ago by the way..so debts being found rare possibility, especially when she handled his money, she would of knew about all of them and declared them as debt also..

sidefx

RAS wrote: »

If aunt fails to follow the instructions in the will, she is legally liable for any losses to yourself or any siblings.

?

Crabapple wrote: »

The police will almost certainly say this is a civil matter and not get involved.

Sorry I have no useful advice for you OP, but with regards to the above quotes -

What is the point of the executor being liable for not distributing the estate as she should, if the beneficiaries have no recourse, unless they spend a fortune on legal advice?

By the time they have employed a solicitor to right the wrong, any inheritance will have been swallowed up in legal fees:(

Good luck OP. I would fight it out of principle but I suspect, judging by earlier replies, you may end out of pocket.

Absolutely wrong but this world, unfortunately is, full of injustices:(

Tradzor

But she has no leg to stand on if she is keeping money from us, she is not mentioned on the will , only as executor, why should it be a long legal thing eating up all the inheritance?

sidefx

Tradzor wrote: »

But she has no leg to stand on if she is keeping money from us, she is not mentioned on the will , only as executor, why should it be a long legal thing eating up all the inheritance?

Employ a solicitor to fight it then.
No doubt it will cost a fortune and if she has no money or assets (after spending it all) then even if you prove she has acted illegally, you will still end up out of pocket.

I am no expert at all Tradzor (just speaking from experience) so please do seek legal advice if you can.

As I said, we live in an unjust world, so I wish you all the very best.

BobQ

sidefx wrote: »

Sorry I have no useful advice for you OP, but with regards to the above quotes -

What is the point of the executor being liable for not distributing the estate as she should, if the beneficiaries have no recourse, unless they spend a fortune on legal advice?

By the time they have employed a solicitor to right the wrong, any inheritance will have been swallowed up in legal fees:(

Good luck OP. I would fight it out of principle but I suspect, judging by earlier replies, you may end out of pocket.

Absolutely wrong but this world, unfortunately is, full of injustices:(

You make too many assumptions. If the aunt has failed in her duty as executor and knows it a letter (particularly from a solicitor) is likely to make her change tack. If she is just ignorant of the law it may make her take legal advice. One letter might be enough.

Tradzor

sidefx wrote: »

Employ a solicitor to fight it then.
No doubt it will cost a fortune and if she has no money or assets (after spending it all) then even if you prove she has acted illegally, you will still end up out of pocket.

I am no expert at all Tradzor (just speaking from experience) so please do seek legal advice if you can.

As I said, we live in an unjust world, so I wish you all the very best.

Didn't mean for that to come accross blunt mate.


Was just looking at it as in how could she even fight this case with clear copies of the grant and will in front of her.


I will see a solicitor in a few days, and will let you guys know what goes on.


Thanks to everyone who's given me advise, otherwise i would of been clueless to all of this . Much appreciated it.