Executor refusing so sign accounts off

Hi
I am wondering if anyone can help.my grandad died in May this year and left all his money to me my brother andoneof my cousins. My auntie is the executor and hired a solicitor to get probate and collect all the monies in .My grandad stupidly left 12 grand in a tin and had two wallets wit a couple of grand in each which my auntie said would be put in a bank account when ready to played out with the rest of the estate .as the beneficiaries we decided we would split the monies with our other cousins left out of the will one who is the executors daughter. So after a few months of being told nothing I emailed the solicitor asking if he had been handed over he monies from the tin and wallets to which he said he knew nothing about .he contacted the executor who said it was hers and was left as a life time gift and the solicitor said we had to prove it wasn't which we can't. So now were at the stage were all monies apart from the monies she has taken in with the solicitor. Unfortunately we have said tha we will not share the monies with the executors daughter she is keeping the other money .the solicitor has sent final accounts to the executor who is now refusing to sign them off because she feels were are in the wrong and the solicitor will not meet with me because he says the executor is his client not me
Can anyone advise on what I can do
Thanks
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Comments

  • We were also left jewellery and there is a 22c gold ring she said was there she is now denying she has
  • duchy
    duchy Posts: 19,511 Forumite
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    What has your solicitor advised ?
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  • Simonk30 wrote: »
    Hi
    I am wondering if anyone can help.my grandad died in May this year and left all his money to me my brother andoneof my cousins. My auntie is the executor and hired a solicitor to get probate and collect all the monies in .My grandad stupidly left 12 grand in a tin and had two wallets wit a couple of grand in each which my auntie said would be put in a bank account when ready to played out with the rest of the estate .as the beneficiaries we decided we would split the monies with our other cousins left out of the will one who is the executors daughter. So after a few months of being told nothing I emailed the solicitor asking if he had been handed over he monies from the tin and wallets to which he said he knew nothing about .he contacted the executor who said it was hers and was left as a life time gift and the solicitor said we had to prove it wasn't which we can't. So now were at the stage were all monies apart from the monies she has taken in with the solicitor. Unfortunately we have said tha we will not share the monies with the executors daughter she is keeping the other money .the solicitor has sent final accounts to the executor who is now refusing to sign them off because she feels were are in the wrong and the solicitor will not meet with me because he says the executor is his client not me
    Can anyone advise on what I can do
    Thanks
    It will cost far more to change the executor and solicitor in court. Not much you can really.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 8 December 2018 at 7:35PM
    Simonk30 wrote: »
    Hi
    I am wondering if anyone can help.my grandad died in May this year and left all his money to me my brother andoneof my cousins. My auntie is the executor and hired a solicitor to get probate and collect all the monies in .My grandad stupidly left 12 grand in a tin and had two wallets wit a couple of grand in each which my auntie said would be put in a bank account when ready to played out with the rest of the estate .as the beneficiaries we decided we would split the monies with our other cousins left out of the will one who is the executors daughter. So after a few months of being told nothing I emailed the solicitor asking if he had been handed over he monies from the tin and wallets to which he said he knew nothing about .he contacted the executor who said it was hers and was left as a life time gift and the solicitor said we had to prove it wasn't which we can't. So now were at the stage were all monies apart from the monies she has taken in with the solicitor. Unfortunately we have said tha we will not share the monies with the executors daughter she is keeping the other money .the solicitor has sent final accounts to the executor who is now refusing to sign them off because she feels were are in the wrong and the solicitor will not meet with me because he says the executor is his client not me
    Can anyone advise on what I can do
    Thanks
    Rather a long shot you could write to the executor pointing out that she will be personally liable if she refuses to administer the estate. You might have to try arbitration to break the impasse.
  • The solicitor just says he works for the executor not the beneficiaries
  • I'm afraid that now were not on speaking terms she has told a member of our family she has the letter but just won't sign it .maybe she is hiding something regarding the money she kept I don't know .She u13s he the letter 3 weeks now so I'm surprised the solicitor hasn't contacted her about it
  • Hi the accounts are all ready to be paid out .would be easier for her just to sign them off but she won't as she doesn't think she done wrong
  • In what way is the solicitor correct ? Do you mean saying he doesn't work for the beneficiaries? Even so if the executors are not acting in the best interests of the estate he should be doing something about it and not letting her intentionally delay us getting our money .he is happy to tale his money from the estate so he should at least do that
  • Keep_pedalling
    Keep_pedalling Posts: 20,096 Forumite
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    The solisitor was employed by your aunt, he can adviser her what to do but he has no duty to make her do it.

    If you want someone to take legal action you will need to appoint your own solisitor.
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