Executors Will Not Distribute Estate to Beneficiarie

Dox

Yorkshireman99 wrote: »

Two years is way beyond, in fact double, the executors year that is considered reasonable for finalising an estate unless there are exceptional circumstances. Where, as in this case, the executor(s) are unreasonable and uncommunicative then beneficiaries have little other recourse but to take legal action. Of course the OP should get a copy of the will from the Probate Office if it is available but unless they are only due to inherit a trivial sum then legal action really is their only way to speed things up.

Googling for an answer isn't remotely the same thing as overseeing this sort of issue in practice. There is no such thing as 'the executor's year' - just another bit of folklore (and even if it were 'true', it is very much a case of 'likely to take at least a year' not 'will only take a year').

Two years is far from uncommon and ask for taking legal action...you are so obviously not a lawyer or you wouldn't even be suggesting it. It isn't helpful to stridently assert 'this is the only way to speed things up'. It won't speed up anything - and what sort of action would it be, anyway? You can't issue proceedings because someone's taking longer than you hoped and there is nothing to indicate the executors have done anything wrong.

Better communication would undoubtedly have helped but the fact OP's mother was not made an executor speaks volumes about family relationships, I fear.

woby39

She is a 'residual' beneficiary entitled to an a completely equal share of the estate.
She has a copy of the Will
Yes 2 years from her death

Her mother had intended to change the Will before her death to include other people and possibly more
In Response to comments from Dox-The relation between her and her mother was absolutely fine-no issues, just a lot of distance between them that meant few visits. Surprisingly she had made her son an executor who had been estranged from her for more than 30 years with no contact.



It seems we can only sit and wait then realistically

Thanks for all advice and comments

Yorkshireman99

Dox wrote: »

Googling for an answer isn't remotely the same thing as overseeing this sort of issue in practice. There is no such thing as 'the executor's year' - just another bit of folklore (and even if it were 'true', it is very much a case of 'likely to take at least a year' not 'will only take a year').

Two years is far from uncommon and ask for taking legal action...you are so obviously not a lawyer or you wouldn't even be suggesting it. It isn't helpful to stridently assert 'this is the only way to speed things up'. It won't speed up anything - and what sort of action would it be, anyway? You can't issue proceedings because someone's taking longer than you hoped and there is nothing to indicate the executors have done anything wrong.

Better communication would undoubtedly have helped but the fact OP's mother was not made an executor speaks volumes about family relationships, I fear.

To suggest that there is no such thing as an executors year just shows your lack of knowledge. Theree may not be any strict leaglly defined defintion of an executors year but it is a very well known and accepted legal concept. Just for the record I have never claimed to be a lawyer though I have had extensive personal, practical, experience in this field. From what the OP has said they have tried, without success to get any answers from the executors who have even ignored a solicitors letter. Under those circumstatnces it is difficult to see what other EFFECTIVE action and agrieved beneficiary can do. Executors have a very clear legal obligation to deal with their duties in a timely manner. If, as may be the case, they are out of there depth or there is any other valid reason for the delays they should have explained them long ago. That is why I gave the advice I did. If the OP goes back to their solicitor I would be surpised if they dont ageee.

Margot123

The responses on here clearly demonstrate the vast difference between what The Law says and what is practicably possible.

It is good that people such as YM99 can offer a different take on the matter, from personal experience.

I too, if you read through my previous topics, have had the issue of an errant Brother practically laying siege to a jointly inherited property. I only succeeded with sheer luck, nothing else worked.

woby39

Sorry to ressurect this thread, the situation continues as follows and I'm hoping someone can point me in the right direction fo where to take this next.


The executors are now refusing to pay the beneficiarie her share? They have not stated as much but there silence speaks volumes and it looks like my mother will not receive her share of the estate.


What are the options at this point? How much do they, on average cost?


Can executors ignore the will and keep other beneficiaries share of the estate?


If the cost of taking them to court to get them to release my mothers share is likely to be almost as much or greater than the share then obviously we would not proceed on that basis. Just as a guide there is roughly 60K at stake here.



Can my mother take the costs from the total of the estate or would she need to take t from only her share?


Many thanks for any advice

Dox

Good summary of the options available: https://www.hcrlaw.com/blog/believe-executor-acting-improperly/

Margot123

Questions that need to be carefully considered: How would you prove that the executors intend to permanently deprive the beneficiary? What in fact is a 'reasonable timeframe'? What do you hope to achieve?

In the first instance, a solicitor would suggest mediation. If the executors ignore the suggestion then it could possibly proceed to Court. However that would be very rare.

I have no idea of the costs in the circumstances you detail. Only a solicitor can advise that.

I know this is very frustrating for you but the only way forward is to consult a professional. People on here can only give opinions and offer empathy.

Yorkshireman99

woby39 wrote: »

Sorry to ressurect this thread, the situation continues as follows and I'm hoping someone can point me in the right direction fo where to take this next.


The executors are now refusing to pay the beneficiarie her share? They have not stated as much but there silence speaks volumes and it looks like my mother will not receive her share of the estate.


What are the options at this point? How much do they, on average cost?


Can executors ignore the will and keep other beneficiaries share of the estate?


If the cost of taking them to court to get them to release my mothers share is likely to be almost as much or greater than the share then obviously we would not proceed on that basis. Just as a guide there is roughly 60K at stake here.



Can my mother take the costs from the total of the estate or would she need to take t from only her share?


Many thanks for any advice

Same answers as before . The only way to find out is to consult a solicitor who deals with conrtentious probate . If the executors are proven to have acted impromperly then the costs will probably be awarded against them personally not the estate. The important thning is that the solictor will require proof no speculation before he will take the case on.

Dox

Yorkshireman99 wrote: »

The important thning is that the solictor will require proof no speculation before he will take the case on.

Solicitors act under instruction; 'proof' is rarely part of the requirement to take on a client! Indeed, part of the solicitor's role may well be to investigate/obtain proof.

SevenOfNine

Margot123 wrote: »

Questions that need to be carefully considered: How would you prove that the executors intend to permanently deprive the beneficiary? What in fact is a 'reasonable timeframe'? What do you hope to achieve?QUOTE]

OP has stated "2 years on", but it's not exactly clear. It reads to me like it's 2 years from DoD, but only 6 months since probate was granted.

In which case OP's mother hasn't been waiting that long for her inheritance IMO, but as a residual beneficiary she should be kept in the loop, so I'd guess there is friction between herself & the executors? Otherwise I can't see a reason for the non responsive attitude.

'Contentious' specific solicitors aren't hard to find, & only they can give you a ballpark figure. Perhaps a letter to ALL the executors that they are being consulted & spelling out an executors legal responsibilities & liabilities might carry more weight than the earlier solicitors letter, without costs escalating too far, too fast?

Are you SURE mother actually has the will that was submitted for probate? Instructions/link here https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records