Executors Will Not Distribute Estate to Beneficiarie

Margot123

Dox wrote: »

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.

Whilst this is true in essence, most solicitors will not take on a case without a genuine suspicion.
If they do, they are either very short of work or one of those alleged 'no win no fee' bods who sign people up to all sorts of insurances etc.

Dox

Margot123 wrote: »

Whilst this is true in essence, most solicitors will not take on a case without a genuine suspicion.
If they do, they are either very short of work or one of those alleged 'no win no fee' bods who sign people up to all sorts of insurances etc.

Not really. Most solicitors will take on a case where the client gives clear instructions, if necessary cautioning the client at the outset as to the likelihood of success (or more accurately failure in many cases). If the client wants to go ahead, so be it.

Yorkshireman99

Dox wrote: »

Not really. Most solicitors will take on a case where the client gives clear instructions, if necessary cautioning the client at the outset as to the likelihood of success (or more accurately failure in many cases). If the client wants to go ahead, so be it.

Sorry to say this is nonsense. Only an unscrupulous solicitor would take a case if there is little chance of winning. And in any case litigation is the very last resort. The OP needs to spend a few hundred pounds for a proper opinion on how to proceed. In all probability a firmly worded letter from the solicitor setting out the consequences will be the first step.

Margot123

Dox wrote: »

Not really. Most solicitors will take on a case where the client gives clear instructions, if necessary cautioning the client at the outset as to the likelihood of success (or more accurately failure in many cases). If the client wants to go ahead, so be it.

What personal experience do you have to make this claim?

If you read through my previous threads from about a year ago, you will see that I went through a similar process. You will also see the conclusion, if you have the time. Luck played the biggest part!

Thankfully, I employed a local reputable solicitor who for the most part did work unpaid and was a great support both practically and emotionally (believe it or not). Had I have gone to one like you suggest, then I'd have been fleeced and still ended up in the same situation. It could have been so much worse.

Malthusian

Yorkshireman99 wrote: »

Sorry to say this is nonsense. Only an unscrupulous solicitor would take a case if there is little chance of winning.

And we all know that there's no such thing as an unscrupulous solicitor.

The disputed assertion is that solicitors will not take on a case without proof. I agree with Dox that solicitors (not just unscrupulous ones) most certainly will take on a case without proof. I also agree with Margot that solicitors won't take on a case without a genuine suspicion. Genuine suspicion and proof are different things.

The OP's mother has no proof whether the executors are acting improperly or just being slow. That doesn't mean that any solicitor with scruples will tell them to go away until they have proof that the solicitors are acting improperly. (How would they do that? Wait another year while taking no action?)

We know with 100% certainty* that the executors are being rude and uncommunicative. If there is a genuine issue with tax / repayment of benefits there is no excuse for not explaining the delay to the residual beneficiaries.

It is highly likely they are being slow, although it is possible the delay is the DWP or HMRC's fault and not the executors' (in which case they are still at fault for being uncommunicative).

It is possible but far less likely they are planning to run off with the mother's share.

Finding out whether it is any or all of those three it is will probably require some help from a solicitor, as all the OP's mother can do is make further requests of the executors which past performance suggests they will ignore. There is no reason a solicitor would refuse to help - for the right price.

*assuming all the facts are correct as the OP has stated them

Oxtonite_62

woby39 wrote: »

Question - what can be legally done at this point? My mother is worried they have spent all the monies and that she wont get a penny.


Thanks in advance to anyone with some advice.

Regards
W

As a beneficiary, I'm currently going through a similar situation and proceedings have now been issued as nothing else has worked. I am waiting for a court date which should hopefully be within the next month or so.

My Solicitor has been communicating with the Solicitor representing the Executors for almost a year now and they simply refuse to pay my share. My solicitor insisted that my share be retained in a secure account until the situation has been resolved, otherwise it would have meant freezing their assets.

We had to issue court proceedings last year as they refused to provide the estate account, however these were eventually provided through their Solicitor prior to attending court - they paid my costs for that stage.

According to the estate account the other four beneficiaries (the Executors siblings) have received their share.

I believe the reason they are refusing to distribute my share goes back to 'bad feeling' between my late Uncle (who was the original beneficiary before he passed away in January) and the Executors.

Margot123

Oxtonite_62 wrote: »

As a beneficiary, I'm currently going through a similar situation and proceedings have now been issued as nothing else has worked. I am waiting for a court date which should hopefully be within the next month or so.

My Solicitor has been communicating with the Solicitor representing the Executors for almost a year now and they simply refuse to pay my share. My solicitor insisted that my share be retained in a secure account until the situation has been resolved, otherwise it would have meant freezing their assets.

We had to issue court proceedings last year as they refused to provide the estate account, however these were eventually provided through their Solicitor prior to attending court - they paid my costs for that stage.

According to the estate account the other four beneficiaries (the Executors siblings) have received their share.

I believe the reason they are refusing to distribute my share goes back to 'bad feeling' between my late Uncle (who was the original beneficiary before he passed away in January) and the Executors.

What are the time frames involved ie when was probate granted, and the other beneficiaries paid out?

Oxtonite_62

Margot123 wrote: »

What are the time frames involved ie when was probate granted, and the other beneficiaries paid out?

This is a very complicated situation. The Executors took my late Uncle to court; after his wife died in 1998, to have him removed from the property they both lived in all their married life, which was unfortunately in her name only. The outcome was that he was allowed to stay in the property until he chose to move elsewhere or until he went into permanent residential care or until his death. His late wife's will also stated that he was due a one sixth share of her estate.

Probate was granted approx 20 years ago. The property was sold in October 2017 (as he went into a nursing home) and the other beneficiaries received their share in November/December 2017.

I hope this make sense.

Thanks.

buildersdaughter

It would appear that OP's mum doesn't have a good relationship with those who are executors. It seems there may have been a situation where tax was unpaid or benefits claimed wrongly. I wondered if the executors were trying to protect their relative, not wanting to discuss possible fraud, which is upsetting.
However they have made matters worse by being so secretive. Whatever the legal situation, it is good manners and common sense to keep beneficiaries updated in broad terms.

Tutti

Gosh I think my mum is in a similar situation. After nursing her partner for 3 years until his death she was left 70k in his will the remainder @ 250k and property were left to his son who was the executor. He had a daughter who had fallen out with him several years before and he had stipulated that she wasn’t to receive anything money in his will. She initially contested the will. Meanwhile my mam basically got on with life and grieved this was in 2015. Since that time the son occasionally rings my mum for a catch-up and occasionally moans to her about the situation. A few months ago someone advised me that probate had been granted in 2015 and the son was basically lying to my mum. I hoped this was malicious but having just checked it would appear that probate was granted in December 31st in Wales (not sure if that’s relevant but the deceased lived and was from the North of England). I’m heartbroken for my mum but not as heartbroken as she will be if I tell her. I’m considering getting in touch with the son and giving him the opportunity to put things right without her needing to know. I had thought his actions would possibly be considered as fraud and that if necessary she would need/be able to go to the police. However reading this thread it looks light solicitors and civil action would be the only way forward. An idea of costs would be good as I would potentially rather not tell her of the deceit if I’m the long term she was unlikely to benefit ��