the "pre death expenses" battle continues

faerielight

My uncle's solicitor has replied to the last letter my solicitor sent before xmas, contesting his claims for over £18000 pre death expenses, which included his travels to visit her when she was ill in hospital, travel to the funeral, and him spending most of the money he is claiming kitting out the flat in spain which he has inherited, including coffee machines , patio furniture, light bulbs and accessories, as I've written about in a previous thread here.

Here is their response :

"We note your queries in regard to the executor's expenses and have discussed these with him.He advises us that his late sister had a lasting power of attorney which appointed him to manage her affairs should she not be able to do so.
Because of her health issues her then attorney dealt with all financial issues on her behalf, many of which he was obliged to finance from his own resources.

In dealing with her financial affairs, he believed he was acting in a manner in which Mrs *** would have acted had she been able to do so. Many of the expenses were official expenses.

After ** died, he assumed the role of the executor. As you are aware, my client lives in *** .he has had to make a number of visits to her home, which he is claiming expenses for.
We have been supplied with a 54 page document with copies of receipts and invoices should you wish to see them.

We look forward to hearing from you. "

And my solicitor's response...
"Thank you for your letter and the contents of which we note.

To enable us to properly advise our client please let us have a copy of the LPA together with confirmation that it was registered with the OPG, as well as the pdf document of 52 pages referred to.

We are surprised by your client’s instructions in relation to the expenses. If he was acting as an attorney for the deceased he had a duty to keep accurate records and he is only entitled to be paid his out of pocket expenses unless the power of attorney makes alternative provision. We do not understand why he was obliged to finance any expenditure from his own resources whilst he was acting as Mrs*** attorney.
Any expenses incurred as an attorney must be separated from expenses incurred in your client’s capacity as executor – the estate accounts simply refer to pre-death expenses so which of these expenses does your client now say were incurred post death?
"

Does anyone have any thoughts? This battle is dragging on and on and prolonging the wait for my inheritance. Part of me wants to give in but it's a lot of money and I still can't believe that he has the audacity to expect me to fund the interior design of the flat in spain. Of course official expenses are ok, but he is really taking liberties. I like the quote in their response "Many of the expenses were official expenses" . It's not about the money for him, , it's about the last bit of power and making my life more difficult, it's such war with him , it's so emotionally painful and petty .

Yorkshireman99

It is a total con. Don't give up. It sounds like your solictor has a good grip of the situation.

faerielight

thanks Yorkshire I really felt like throwing the towel in today when I read it

Margot123

Yorkshireman99 wrote: »

It is a total con. Don't give up. It sounds like your solictor has a good grip of the situation.

In cases like this, I often wonder if solicitor's letters are sent simply to wear people down and give in even when they are the in the right.

OP, don't be intimidated. Yes, it's tiring (I've been there myself) but it will turn out OK for you in the end. Just see it as a challenge and something to increase your knowledge of the legal system (as I did).

When all this is over, you can come back here and recount your experiences while helping others in similar situations.

Jenniefour

faerielight wrote: »

thanks Yorkshire I really felt like throwing the towel in today when I read it

Hi faerielight. Your solicitor is on top of this. Uncle is really taking the p in my opinion but your solicitor has written a great response. It will take time to resolve. Meantime, take care of yourself.

faerielight

thank you Margot and Jennie and yes, I will def be able to support others in a similar situation as mine

faerielight

one more thing.. some ofthe expenses go back as far as 2010. My mother only got ill in 2015, is it right to be trying to charge me for expenses and charges on the flat in spain as far back as that?

Jenniefour

I think your solicitor will be taking a very close look indeed at the paperwork, receipts etc. and best to rely on her to sort out any legitimate expenses from the completely out of the ball park ones.

faerielight

Thanks Jennie,