Advise please before a WAR begins

Flugelhorn

Somewhere up the thread (post 9) I posted something about "what do do if the executor refuses to apply for probate" - there are other things online if you google them

If the will doesn't apply to everything (and it usually does) then you would need letter of administration for that bit - similar process to probate

Bornwild

I know dad didnt write another WILL cos sadly he died a few days later which was unexpected after taking a huge turn for the worse with his illness 🙁🙁

I asked if i could apply the WILL to probate but the solictor told me only she can and i should see a solictor if she doesnt

Im not sure what time should be given to her till i try taking legal actions

Yet she seems very happy in her fb photos with her partner posing in there new hot tube they got in the garden
Has time to buy and put that in the garden yet dont have time to reply to my message
This is why im getting bitter

Mojisola

If she hasn't closed your father's accounts is the money from them funding things like the hot tub?

You need to start legal action if you want to resolve this. Find a solicitor who is experienced in these issues.

Bornwild

That i do not know but it would be interesting to see if anything has been taken out from the date off dads passing
If so i heard this is fraud
I dont think she has touched it as shes got her own money and a good income shes been pretty comfortable being nearly 30 never paid anything just living at dads.

She did say to my sister a few days after dad passed that she thinks she should be allowes the house and we are money grabbers if we take our share
She than went on to say let me keep the house and than were all share whats left in his bank account but 1 we got no idea whats in his bank and 2 no sorry but im not a idiot to do that i think thats selfish and greedy off her it clearly shows her respect to me there isnt any.

Before dad died tho this will never count its useless now but dad did tell me infront off my mum "make sure you get some off my money from your sister cos shes got some off my money in her bank and make sure u take some off this".
That being said wasnt the best off things as dad should off said this or wrote it in the WILL or at least sorted it before with my sister
I have never told my sister dad said this as i got no proof tho if it is true she would deeply know dad must off said or how would i know tho it dont mean she will do something about it.
I was thinking maybe it might make her realise if i did mention it that dad wanted things shared also if dad would off wanted her to just have the house why would dad tell me about some off his money being in her bank surely i would never know off this so why would he tell me. It could be a good question for her to reflect on due to her greed and selfish thoughts.

xylophone

Is your father's estate of a size that would require the payment of IHT?

Socajam

Bornwild wrote: »

Hi
Can i ask what happened in your case? Sorry if i sound cheeky but its helps me to understand what im up against.
My sister (whos not the executor) feels the same feelings as i do as we have spoke about this often but shes going through other problems in her life right now and said she cant deal with this stress as off now.
Would i stand a chance to fight alone if say my sister dont want to get involved right now?

You are not being cheeky, we are all here to help each other.
My sister really surprised me because I really thought that she was an honest person, but once she took over control, her nasty side surfaced.
As I was away at the time and she being the second child we all agreed that she should take charge.
She paid her husband out of the estate to work on the garden, without consulting us
My brother paid for the security whilst my mother was in a home up until the house was sold. She point blank refused to reimburse him his money - which I think was very wrong. He should have been reimbursed. I was all ready to fight for it, (there was 4 on one side and 2 on the other) the other three wanted me to do all the fighting. As it was not my money, I was not prepared to do his battle for him. I was fully prepared to back, in the end he lost all that money - over 3 years worth.
They seemed to be frightened of her, but I was not and she knew it. It was only because I was not in the country that she got away with a lot of things.
After she became POA she started to berate us, would not give us any bank statements or tell us what she was doing with the money, became extremely belligerent.
In the end the house was sold, not ensure if she got more than one estate agent, she sent us a cheque with the bank statement and we have not been the same since.

From my experience as I said make sure that you and your sister are on the same page, get the same solicitor and talk things through before moving ahead.

If your sister is prepared to allow you to speak for her, I would say go ahead and fight because I think you would stand a good chance of winning
Do not get into altercation with her and keep your thoughts close to your chest.
If she calls and want to talk, just listen and try to read between her words. Do not take them as gospel, because as you are aware she cannot be trusted.
Remember that her boyfriend is also part of the game
Instruct your solicitor on what you want, not what he wants - as long as its within the law. I sometimes things solicitors think that one is working for them instead of the other way round.
If you have to go the solicitor route, claim for costs because if she did the right thing, there would be no need for any legal action.
It's going to be very stressful, but if you are prepared to fight, go ahead.
Make sure that she does not create a wedge between you and your sister, because that would be her game
Ensure that your sister does not engage her and give your game plan away.
Go at this like you are playing chess. Unless she wants to attend mediation, or split the estate three ways, there is nothing to say.
Good luck

Manxman_in_exile

You say you were there when your dad signed his will and that you've spoken to "the solicitor who made the WILL..."


Can I just check with you that the will was properly witnessed by two people who are not beneficiaries under the will?


I'm also confused by what you say in post #7: "I also was told when i spoke to the solictor that it may just stand for the house and not his full estate like bank accounts and belongings and so on."


If you spoke to the solicitor who drew up the will, I don't understand why they wouldn't know whether it covered your father's entire estate or not. You say you haven't got a copy of the will. Do you know for certain the person who drafted it was the solicitor you spoke to? Might there be a later will?

lukewarn

Why don't you just apply for letters of administration on your own behalf ? It is not difficult to do it yourself, you can even do it online (cost £215 for estates over £5k)

That way the onus will be on your executor sister to 'respond.'

If she doesn't respond then if you get letters of admin. you will have the legal power to administer the estate - the ball is then in your court.

At the moment,if the sister is doing nothing then she could go on living in the house and spending all dad's money and eventually all the estate will be spent.

Be very wary of engaging solicitors to get things moving as they will only be interested in one thing - charging the estate lots of fees and so eating into your bequest.


Every time you phone the solicitor it will be costing the estate (and therefore you) money so don't phone just apply for letters on your own and pressurise them to act.


It sounds like your sister is being frivolous and vexatious,in reality she has a legal duty to wind up and distribute your father's estate.

Mojisola

lukewarn wrote: »

Why don't you just apply for letters of administration on your own behalf ? It is not difficult to do it yourself.

That way the onus will be on your executor sister to 'respond.'

If she doesn't respond then if you get letters of admin. you will have the legal power to administer the estate.

That's a possibility - chances are the will will get produced if the OP does this.

If not, the wife will have first call on the estate - that might make the executor take action as well.

Bornwild

You say you were there when your dad signed his will and that you've spoken to "the solicitor who made the WILL..."


Can I just check with you that the will was properly witnessed by two people who are not beneficiaries under the will?


I'm also confused by what you say in post #7: "I also was told when i spoke to the solictor that it may just stand for the house and not his full estate like bank accounts and belongings and so on."


If you spoke to the solicitor who drew up the will, I don't understand why they wouldn't know whether it covered your father's entire estate or not. You say you haven't got a copy of the will. Do you know for certain the person who drafted it was the solicitor you spoke to? Might there be a later will?

Hi

Basically we had 2 women who come from the solictor my dad rang. 1 was the solictor herself. They came to the hospital started the WILL she than left and went to draft it up and arrange what ever they do than after 3 hours she come back with the same women and they signed everything with my dad.
The witnesses were these 2 ladies 1 being the solictor herself.

When i rang the same solictor office up she spoke to be me briefly
She said my sister has not made contact
To try and speak to her
If she doesnt want to be executor she can go to them and sign for them to take over
She also said she cant act as my solictor as she would now have to act on my sisters behalf as she is now her client she also said i dont have your will infront off me but if i rememeber correctly it was just for the house estate and nothing more was listed regarding banks and personal belongings
She than went on to say if i want i could call her back in a few weeks and see if she could try to help me or put me in touch with someone else
She also said that i cant put the house to probate and when i asked regarding if the babks and other things are not included than what happens and i didnt get much of a answer on that one