Probate & illegal dealings

sammy1234567

When did your relative pass away?

getmore4less

kazzybee wrote: »

The executor cannot do anything re money or property until probate has been granted, there for they cannot rent out a property that isn’t legally theirs.
So again I will ask who I can report this issue to. The property in question has never been rented out, it was lived in by a couple who had it from new some 58 yrs ago. As stated the property was left to 2 executors but without registering the will or applying for probate the executors are renting the property out.
As the estate will eventually go to said executors but the rental money will not be put into the estate and again I reiterate the executors cannot do anything until probate applied for & knowing the people involved they will be whittling down the monies to avoid inheritance tax.
Anymore questions please ask.

Executors powers come from the will so you can knock the idea they need probate to do anything on the head.

For IHT it is based on values at DOD you can't whittle down moneys to save IHT.


I will say it again if someone does not like what they are doing(you) they(you) have to take court action themselves.

that is how you "report" them.

Margot123

When a property is specifically bequeathed to named beneficiaries, it is theirs from the date of the death of the testator. Therefore they can sell (but only complete with a Grant of Probate), rent, live in it, do what they want with it. Any rental income will be theirs to keep, and not form part of the residual estate.

If it is being rented by private arrangement, then it isn't even going to enter the tenant's head to ask 'have you got authority to rent it?', and a letting agent won't care so long as someone signs the disclaimer and they get their %age from the rent.

NordicNoir

kazzybee wrote: »

The executor cannot do anything re money or property until probate has been granted, there for they cannot rent out a property that isn’t legally theirs.
So again I will ask who I can report this issue to. The property in question has never been rented out, it was lived in by a couple who had it from new some 58 yrs ago. As stated the property was left to 2 executors but without registering the will or applying for probate the executors are renting the property out.
As the estate will eventually go to said executors but the rental money will not be put into the estate and again I reiterate the executors cannot do anything until probate applied for & knowing the people involved they will be whittling down the monies to avoid inheritance tax.
Anymore questions please ask.

Just to clarify, are you saying that the will appointed two Executors who also are the only two beneficiaries of the will?

Margot123

This is very confusing.
Are there 2 executors and one is renting out the property, without the agreement of the other?

ANSWERING MY OWN QUESTION: the confusing thing is that in one post you say 'executor' (singular) and another 'executors' (plural).

Please clarify...........

kazzybee

The executor IS ACTING ILLEGALLY because none of the estate is hers as no probate has been applied for. The deceased died in February 2017 so as we stand the property & the estate are owned by no one, the will left all to 2 people but neither have applied for probate. Why is there no time limit re probate. The property alone is over the inheritance bracket. There was a lasting power of attorney but I believe this ceases when the deceased becomes deceased. Can I inform the tax office?

getmore4less

kazzybee wrote: »

The executor IS ACTING ILLEGALLY because none of the estate is hers as no probate has been applied for. The deceased died in February 2017 so as we stand the property & the estate are owned by no one, the will left all to 2 people but neither have applied for probate. Why is there no time limit re probate. The property alone is over the inheritance bracket. There was a lasting power of attorney but I believe this ceases when the deceased becomes deceased. Can I inform the tax office?

when someone dies ALL their assets fall into a statutory trust or a will trust if there is a will.

The executors are the default trustees and have the powers to deal with the assets as they ar the legal owners from the date of death.

You need to grasp this basic concept.


You can report anything to anyone or any institution including HMRC, prepare a letter and send it.

thorsoak

As has been said already, any power of attorney ceases at the time of death. At that time, the assets belonging to the deceased transfer into the ownership of the executors and if the will appoints two executors who are the beneficiaries of the will, then the executors have not acted illegally in this point. Have they executed any other bequests made in that will?]

Why is this of such concern to you?

Yorkshireman99

kazzybee wrote: »

The executor IS ACTING ILLEGALLY because none of the estate is hers as no probate has been applied for. The deceased died in February 2017 so as we stand the property & the estate are owned by no one, the will left all to 2 people but neither have applied for probate. Why is there no time limit re probate. The property alone is over the inheritance bracket. There was a lasting power of attorney but I believe this ceases when the deceased becomes deceased. Can I inform the tax office?

How many more time do you have to be told? The executor is not, repeat not, acting illegally. At the point of death all the estate property becomes vested in the executor(s) . From that point on the executor(s) can deal with the estate property. That includes renting it out for the benefit of the estate. The exceutor should apply for probate as soon as reasonably possible. Once that is granted they can dispose of the estate assets according to what the will says. Whilst there is no formal timescale for the probate application if there is IHT payable then this to be applied for within six months and the IHT paid. How do you know probate has not been applied for. If you want people to help you you need to give more details.

Ziggazee

OP - why does this bother you so much? You've already been told that the Executors are not doing anything illegal - and you've already told us that the house passes to them anyway.


Are you just sore because you've not been left what you wanted in the will?