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Executors of will not informing beneficiaries

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  • SeniorSam
    SeniorSam Posts: 1,673 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Before appointing a solicitor and adding to costs, you could let them know you now have a copy of the Will and see that you are a beneficiary. Then ask them to clarify matters or be faced with legal proceedings, the cost of which which they will have to meet. Also state that they are breaking the law and could face criminal proceedings. Finally state that if you have not received a satisfactory reply in 14 days time, to will be taking legal action and informing the Police of their illegal actions. Register the letter and obtain a receipt. In this way they cannot deny receivng t and the solicitors, if you need to o that far, will be aware they have received recorded notice of egal proceedings.

    Sam
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • DemiDee
    DemiDee Posts: 529 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Your advice is very useful, Senior Sam, especially given your credentials. I have been wondering if - should they hold onto the money (and it seems from my research that this doesn't just affect me, but charities mentioned, too) - this would be a criminal matter. I'd assumed it would be civil and not criminal, but your post has helped to clarify that, so thank you. I will certainly do as you suggested, and if it comes to that, I won't just be claiming costs, but will claim for my property which my friend had been keeping, that was duly thrown out by one of the executors with no advance warning.
  • thistledome
    thistledome Posts: 1,566 Forumite
    edited 19 June 2015 at 12:31PM
    DemiDee, sorry you lost your friend.

    I think you've been given good advice in this thread.

    I also think mojisola's suggestion of sharing a copy of the will to the charities concerned is excellent. Some charities can be quite pro-active about getting what's due to them in wills.

    Please do update this thread, it's very interesting and will be helpful to others in the same position.

    I wish you luck with it. It's not the money, it's the (potential) injustice of that gentleman's last wishes not being carried out that saddens me.:(
    Love the animals: God has given them the rudiments of thought and joy untroubled. Do not trouble their joy, don't harrass them, don't deprive them of their happiness.
  • DemiDee
    DemiDee Posts: 529 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thistledome,

    You are spot on. It's bad enough to have been told so late about a dear friend's death and to have been denied the chance to attend the (200+) funeral and pay my last respects, but even worse to know that his last wishes may never be carried out by people family members that he trusted implicitly. The money is not the issue as far as I'm concerned - but I will continue to track down the other charity beneficiaries (some abroad, so it's taking a while) and try to at least exact some justice for them. Of course, it doesn't bring him back, nor does it provide me with the opportunity to say 'goodbye'. I will be sure to keep you posted, and thank you all, once again, for your kind and invaluable responses here.
  • SeniorSam
    SeniorSam Posts: 1,673 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    DemiDee wrote: »
    Your advice is very useful, Senior Sam, especially given your credentials. I have been wondering if - should they hold onto the money (and it seems from my research that this doesn't just affect me, but charities mentioned, too) - this would be a criminal matter. I'd assumed it would be civil and not criminal, but your post has helped to clarify that, so thank you. I will certainly do as you suggested, and if it comes to that, I won't just be claiming costs, but will claim for my property which my friend had been keeping, that was duly thrown out by one of the executors with no advance warning.

    You are correct, it is a civil matter, but they may not know that. The advice about notifying the charities is very good as they will soon jump on anyone avoiding the charitable wishes of anyone, particulary if you advise them that it would appear the executors are not honouring the wishes.

    Sam
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • thorsoak
    thorsoak Posts: 7,166 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    SeniorSam wrote: »
    You are correct, it is a civil matter, but they may not know that. The advice about notifying the charities is very good as they will soon jump on anyone avoiding the charitable wishes of anyone, particulary if you advise them that it would appear the executors are not honouring the wishes.

    Sam

    Most definitely. Charities are extremely active in chasing executors when they are beneficiaries under a will.
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