executor with holds inheritance

shirax

I am an equal residual beneficiary with my siblings to my dads estate. Estate accounts have been approved and signed off. Simple will. I have not received my full inheritance payment from my sister / executor who refuses to give it to me. She is deliberately withholding my remaining payment.
Does anyone know how I go about getting the rest of my inheritance. Tried talking but not getting anywhere.
If I seek legal action who pays.

skintpaul

I it worth contacting the solicitors, who drew up the will? Not sure who can enforce the terms..

g6jns_2

shirax wrote: »

I am an equal residual beneficiary with my siblings to my dads estate. Estate accounts have been approved and signed off. Simple will. I have not received my full inheritance payment from my sister / executor who refuses to give it to me. She is deliberately withholding my remaining payment.
Does anyone know how I go about getting the rest of my inheritance. Tried talking but not getting anywhere.
If I seek legal action who pays.

How much are you owed?

g6jns_2

skintpaul wrote: »

I it worth contacting the solicitors, who drew up the will? Not sure who can enforce the terms..

Nothing whatsoever to do with who drew up the will.

konark

1)Contact sister/executor.

2)Show her estate accounts.

3)Point out that you appear not to have had your rightful bequest.

4) If no joy...Threaten legal action.

5) If no joy....see a solicitor.

shirax

Thanks all.
I have asked in writing for my remaining amount due. I have had no reply.
She is witholding funds due to a separate dispute that has nothing to do with wills, inheritance. Etc. She is using her position to control this dispute.
I clearly need legal support.
Does she have a legal duty to distribute the estate according to the registered will and approved accounts. If so my question is who pays for my solicitors costs etc.

martinthebandit

http://www.step.org/tackling-troublesome-executors

G6JNS

shirax wrote: »

Thanks all.
I have asked in writing for my remaining amount due. I have had no reply.
She is witholding funds due to a separate dispute that has nothing to do with wills, inheritance. Etc. She is using her position to control this dispute.
I clearly need legal support.
Does she have a legal duty to distribute the estate according to the registered will and approved accounts. If so my question is who pays for my solicitors costs etc.

Of course she has a legal duty to do so. If you sue here you may be able to get an award of costs. How much are you owed? If it is within the small claims limit costs will be limited.

shirax

No not within small claims.

g6jns_2

shirax wrote: »

No not within small claims.

You could sue her for the money and also sue her for breath of trust by acting improperly as executor but you might not get the costs.

DandelionPatrol

shirax wrote: »

She is witholding funds due to a separate dispute that has nothing to do with wills, inheritance. Etc. She is using her position to control this dispute.
I clearly need legal support.

Just to be totally clear, as long as the dispute is with your sister in her capacity as your sister and not a family dispute which somehow involves the deceased, she has absolutely no standing to withhold anything.

If the amount is less than £15000 you can take it to the small claims court, otherwise it is a full blown case where you might need a solicitor. Take care to address her as <name>, executor of the late <shirax's dad> in anything to do with this. If you do that, and she makes a counter claim against you as her defence, you should be able to have it struck out because she cannot take forward her own personal claim against you in her capacity as executor. [Although she could make her own separate claim against you]

I would suggest that write her a personal letter simply asking her for the money ASAP. Then you do your research on suing her and then you write her a Letter Before Action [google this] giving her no more than 7 or 14 days to pay up. Then take her to court ASAP. If she is stupid enough to let it go to court, whatever costs are incurred will be against her personally.