Estate distribution going nowhere after 2 years. Our rights?

lauriewsmith

Hi, my wife's father sadly died 2 years ago leaving an estate worth around 600k- mostly tied up in his house. There are 9 beneficiaries of which my wife is a residual beneficiary of 5%. The executor was originally trying to get planning permission on the land to increase its value but we don't know what's happening and haven't been able to get hold of him for a long time. It's coming up to three years and we'd like to know what's going on.
What are my wife's rights? Thanks.

Keep_pedalling

I presume the executor is also one of the beneficiaries. She and the other beneficiaries need to take action. First up check on the status of the house. If it has not been sold and is not on the market, then she together with the other beneficiaries needs to take legal action to get the executor removed.

lauriewsmith

Thanks, they aren't a beneficiary. They have £1000 included in the will as compensation or it could be a few thousand, can't remember. But it's a set amount. The house isn't on the market and is starting to look abandoned. The other siblings find it too stressful and don't want to discuss it. Do all the beneficiarys have to challenge it together for it to work?

Keep_pedalling

lauriewsmith wrote: »

Thanks, they aren't a beneficiary. They have £1000 included in the will as compensation or it could be a few thousand, can't remember. But it's a set amount. The house isn't on the market and is starting to look abandoned. The other siblings find it too stressful and don't want to discuss it. Do all the beneficiarys have to challenge it together for it to work?

It seems you wife is a minor beneficiary, this really should be taken on by the major / residual beneficiaries but if they are not willing to act then she is going to have to. Any expenses will come out of the estate so costs should not be a concern.

First thing to do is try once more to contact the executor and try to get then to renounce their authority (doorstep them if necessary). If they refuse then it will have to go through the courts, but if they agree one or more of the beneficiaries can then administer the estate. Make it clear to the executor that they can be pursued for any losses that the beneficiaries suffer do to neglect of the estate.

If none of the beneficiaries is willing to take this on, then simply engage a professional to do it.

Margot123

This looks like a person with good intentions offered to be an executor (prior to death obviously) and then realised how much work and stress is actually involved when the role becomes reality.
They may not even have known that they could reserve or renounce their role prior to Probate.

lauriewsmith

Thanks we'll try to do that. Problem is, we have a number but nobody knows his address which the solicitor will need. He was a friend of her father. Is there a way to find his details as the executor any records online to do with the will?

Yorkshireman99

lauriewsmith wrote: »

Thanks we'll try to do that. Problem is, we have a number but nobody knows his address which the solicitor will need. He was a friend of her father. Is there a way to find his details as the executor any records online to do with the will?

If he applied for planning pernmission you should be able to find the application online and that will include his address.

lauriewsmith

That's the other worrying thing. Back when he was in contact he said he'd applied multiple times as it kept getting rejected so he said the design was getting tweaked (basically trying to get permission for extra properties to be built on excess land) We did a search today and couldn't find any records online of an application.

Jenniefour

Have you tried just putting his name into a search engine? I found someone's address once from one of the online directories that came up on a search just from the name and city.

Yorkshireman99

lauriewsmith wrote: »

That's the other worrying thing. Back when he was in contact he said he'd applied multiple times as it kept getting rejected so he said the design was getting tweaked (basically trying to get permission for extra properties to be built on excess land) We did a search today and couldn't find any records online of an application.

In which case he is probably lying. In any case why is he not just administeriing the estate it is not his job to try and increase the estate size.

eddyinfreehold

Two obvious questions? Have you checked with the Probate Registry whether a Grant of Representation has been give? If so the value of the estate and a certified copy of the will will be online. This will be endorsed by the executor, possibly with an address.

Secondly, if the house is becoming delapidated you might try approaching the local authority. They will certainly be approaching the executor for rates or at least the position the estate is in and why rates may not being paid. If seriously delapidated, the local authorities have powers to seize the property but would almost certainly be grateful if you got involved and may well be willing to assist you. They don't like falling down houses on their watch.

Is it possible that the executor him/herself has died or is incapacitated?

Try these suggestions if you haven't already.