Who ensures a Will is executed?

badmemory

What you say about fractured families is not necessarily true. My sister & I are now closer than we ever were when our parents were alive. Unfortunately we can never be THAT close because of the damage caused by our parents, but at least we still keep in regular contact. I did worry that once our last parent died we would lose touch altogether. I thought that the divide & conquer tactics of our parents would finish us, but we both try & I have to admit it is a case of trying, it doesn't come easiliy.

fletch3163

SevenOfNine wrote: »

Google contentious probate & see what free advice you can get from a few of them https://www.irwinmitchell.com/personal/will-trust-estate-disputes/contentious-probate/challenging-an-executor

I'm not recommending that company, just an example of the possibility of a free chat with that type of law firm, you may eventually need someone a bit more specialised than the average solicitor!

Who registered the death? With the death cert, if funds in financial organisations are below their particular threshold (eg Lloyds £50k, each bank has it's own limit), they can be released to that person (if an indemnity is signed). We've been slightly shocked at how easy that is without the need for probate first. I'm wondering if he's cleaned that out, though I imagine she may not have had much by way of cash given that she was in care.

It's a very difficult situation, everything can turn ugly & expensive awfully fast & unnecessarily. You definitely don't want to start a war too soon, it's still early days. On the other hand you don't want to sit back & do nothing, I don't envy your position.

Are you positive no-one in the family has a copy of the will? The hands of the solicitor she used & stored the will with are tied I'm afraid.

Hi there

Nobody else has the will. My sister registered the death and I told everyone of her death. Life cover, pensions, banks etc. She was not wealthy but there is a few bob. My heart breaks to think in real terms what she didn’t want will happen.

Be good to your mums people, because even in dementia they know who doesn’t show up

fletch3163

Dox wrote: »

So it's less than 3 months since your mother died and you have already leapt to conclusions about how your oldest brother is going to behave. You may be right, but the idea of issuing some sort of legal challenge at this early stage is plain daft.

Maybe the time has come to stop being a splintered family and start talking - it's a lot cheaper than dragging lawyers into it and could be a lot more constructive, if approached in the right way.

I wonder what a post from your brother on this forum might look like? 'My mother died less than 3 months ago and already my family are ganging up on me because I haven't immediately got over her death and managed to sell the property, get probate...'

Sometimes 'give it some time' is the best response.

Hi, and thanks for your input. As I said, as it public I am withholding info. I have no desire to seek approval for what am asking. Am not some wee money grabbing cheapo looking for the spoils.

Oh, and as an aside, it was ME who paid for her funeral whilst we await life cover settlement.

badmemory

Most people are new to this & have no idea what the timescale is or is likely to be. Read a few threads on here & see how drawn out the process can be. Grief can clog both of your brains so try for a while to go with the flow. I'm lucky that all my family are "get it over & done types & then we can move on" but not everyone is. I'm sure there was a thread on here where someone still hadn't completed probate almost 20 years on! The rest of the family only just seemed to have started worrying about it!

Marcon

fletch3163 wrote: »

As I said, as it public I am withholding info.

Which it makes it pretty close to impossible for people to give reasoned and helpful answers.

fletch3163

Marcon wrote: »

Which it makes it pretty close to impossible for people to give reasoned and helpful answers.

My question was whetherExecutors are policed, or can be to ensure compliance of Will requests. I now know it isn’t .

Trust me, I’d make you all shake your heads in disbelief and weep quietly into your hankies

This remains such a lovely forum. All credit to the posters. I forget when I go for a while but yes, it is super

fletch2ndTime

THIS is my original post. I had to begin again .
so, my question now is please.....I have this morning been sent an interim offer from solicitors. My brother remains free to live in her house a whole year down the line. Why hasn’t he sold it to the Estate? 

Also, when all members say yes to the interim offer, can we see the will? Will we be able to see the balance sheet to find out where a good £15,000 has disappeared to?

theoretica

If an interim distribution is proposed that implies probate has been secured and you can order a copy of the will as a public record.  The 'missing' £15k - is this the difference between your calculation of the money in the estate and the interim distribution?  Quite probably it is being kept back in a bank account until it is very very sure there won't be any expenses needing it - an interim distribution is usually fairly cautious in how large it is.

Keep_pedalling

fletch2ndTime said:

THIS is my original post. I had to begin again .
so, my question now is please.....I have this morning been sent an interim offer from solicitors. My brother remains free to live in her house a whole year down the line. Why hasn’t he sold it to the Estate? 

Because the house already belongs to the estate, and the will probably give him the right to live there for a limited time.

Also, when all members say yes to the interim offer, can we see the will? Will we be able to see the balance sheet to find out where a good £15,000 has disappeared to?

If probate has been granted (which it will be if you are being given an interim payment)then the will is now a public document so you can get a copy any time you like from the probate office for a small fee.

If you have not seen the will or the estate accounts how do you know £15,000 is missing?

fletch2ndTime

Hi and thanks for your responses. I know how much is missing because I know precisely how much she had. My sister and I looked after her funds.  I notified the life cover and her pension provider. I paid for her funeral. I have been paid back. We are a big family and the equal division offered means circa 15k missing.... she had no debt when she died.

my brother has stayed there a whole year Since she died (on top of the two decades). The timing is pants, because we are at the one year anniversary.......