Executor powers advice pleasem

CaledonianPrincess

My widowed MIL sadly passed in November 2018 and my SIL is the executor of the will with my SIL,BIL and my husband all beneficiaries. Hubby didn’t get a copy of the will til May 2019 with the SIL saying she hasn’t seen it either and she didn’t know what it contained but when we finally saw the will we saw that SIL had seen and signed for the will in jan 2019!! The will states that my MIL home gets sold and split equally between her 3 children and any monies left in her account after all bill; taxes etc get paid gets left to SIL. No one has a problem with this except SIL is dragging her feet regarding selling the house as she wants to sell off half the garden with planning permission to build a four bed house and to renovate the main house to help it sell which we think is silly as the new buyers will want to put their own mark on it. Plus SIL has stated that any money she spends getting all that done she wants it back from the sale of the house!! I think she’s got a blooming cheek, she’s stated she doesn’t know what she’s doing so she’s taking a gamble by getting it all done and not making much more than she would if she sold it now. She wants to change solicitor cos they’re too expensive apparently but I thought they’d probably all charge the same. We don’t know what’s happening as she doesn’t keep us informed and I wanted to know how long can she take as we lost MIL over a year ago and it’ll probably be another year to wait if SIL gets her way. Can she do what she likes even if we disagree 

Owain_Moneysaver

No, she can't. The Executor must act for the estate, must not prioritise one beneficiary over another, and must not act for private gain. The Executor must also pay out bequests promptly (although is customarily allowed the "executor's year" to get this done").
Husband should write to the executor asking for an account of progress to date. 
Unfortunately contentious probate can be a complicated and expensive process, but husband may need to instruct his own solicitor. 

Keep_pedalling

The only way she can do what she wants is for her to buy out her siblings share of the house. She needs to be firmly told that unless she either buys out her sibling share, or puts the house on the market that her siblings will be taking legal action to force the sale which is likely to be expensive for all concerned.

Flugelhorn

wonder if she realises that if the value of the estate is increased by her after mother's death (eg planning permissions / renovation) then capital gains tax can come into play

Moonlight007

I am joint executor with my brother for mum who left will with clear fair sharing of estate not being queried., who died in May 19 and I also had financial PoA. We were both Living PoA executors but this was not invoked as she was of sound mind until she died.
We agreed on solicitor for probate but forms sent to brother 4 months not signed as he’s asked to see every bank/savings statement ( of which there were 6)  for last 2 years. I’ve sent but now he’s asking for receipts for expenses (which I’ve now refused as keeps asking for more) from the executor bank account I was told to open by bank when shutting mums current account, in my name only. Brother has instructed another solicitor and still refusing to sign probate form. I have sold her house but buyers threaten to pull out as probate not submitted. 
Does he have right to see receipts? Is he right to do this before application for probate is submitted? Is it legal requirement? 
Or can this be sorted after probate granted so we don’t lose the sale? 
Can he charge 2nd solicitors bill as a legitimate cost against the estate despite his joint agreement to appoint current solicitor to act on both our behalves?  
Can I sue his solicitor for losing sale? Or how can I mitigate losses to estate. 

Savvy_Sue

Moonlight007 said:

We agreed on solicitor for probate but forms sent to brother 4 months not signed as he’s asked to see every bank/savings statement ( of which there were 6)  for last 2 years. I’ve sent but now he’s asking for receipts for expenses (which I’ve now refused as keeps asking for more) from the executor bank account I was told to open by bank when shutting mums current account, in my name only. 

What expenses have been incurred from the executor bank account? It's a shame the account was in your sole name: we were able to open one in joint names and it meant both of us could see what was going in and out. 

Moonlight007 said:

Brother has instructed another solicitor and still refusing to sign probate form. I have sold her house but buyers threaten to pull out as probate not submitted. 

What does THAT solicitor say? I'm surprised they haven't warned your brother that the house cannot be sold until probate is granted. I mean, maybe they have so warned your brother, but he's possible presented an entirely reasonable case to that solicitor for why he won't sign the forms, in which case you'd expect THAT solicitor to write to the ORIGINAL solicitor setting out what they think you need to do. It's unsurprising that the buyers are threatening to pull out, especially if they know you and your brother are at loggerheads. 

Moonlight007 said:

Does he have right to see receipts? Is he right to do this before application for probate is submitted? Is it legal requirement? 

As a joint executor, he has to be satisfied that any documents he is signing are correct. If he has doubts and questions about your figures / what is left in the executor's account, then he is right to refuse to sign. Is it a legal requirement for you to show him the receipts? Probably not, but unless you have something to hide, why would you not do so? Especially as he is a JOINT executor. 

Moonlight007 said:

Or can this be sorted after probate granted so we don’t lose the sale? 

You can try that line with him, but the bottom line is that if he does not sign the probate forms, you EITHER have to have him removed as an executor (not a trivial matter), OR he has to RENOUNCE his role as executor (and it may be too late for him to do that), OR probate won't be granted. 

What does the solicitor you jointly appointed say about this?

Moonlight007 said:

Can he charge 2nd solicitors bill as a legitimate cost against the estate despite his joint agreement to appoint current solicitor to act on both our behalves?  

Possibly, if his concerns are held to be legitimate. What does the solicitor you jointly appointed say about this?

Moonlight007 said: 

Can I sue his solicitor for losing sale? Or how can I mitigate losses to estate. 

Suing a solicitor: on what grounds? You don't know what your brother has said to them, you don't know what they have said to him. Your simplest route to mitigating losses to the estate is by providing what he requires so that he's willing to sign the probate form, BUT what does the solicitor you jointly appointed say about this? 
If you believe your brother has no reasonable grounds for concern, it may be that a letter from the joint solicitor to him would be the best option. 

SevenOfNine

If you've taken charge of the accounts & got it in your sole name, then you should have all income/expenditure appropriately logged, with receipts for expenditure.

Yes, he can ask to see all the documentation, the key is in the word 'joint', assuming he didn't reserve or renounce his role as executor.  I had a simple spreadsheet where I logged the starting ££££  (cash & bank accounts), then every in/out logged with supporting paperwork kept in the same date order.

Keep it transparent & he won't feel the need to be obstructive. I even kept mere beneficiaries regularly appraised of the financial situation at intervals, with a copy of the spreadsheet & an invitation to come & see the supporting documents (receipts etc) if they wanted to.

Don't let your buyers slip through the net just because you may be feeling like he doesn't trust your honesty or something.

xylophone

I am rather puzzled that you were able to open an exor bank account before probate.
Even if the bank did this, I am astonished that it would do so in the name  of only one executor if two were named on the will and the bank had no proof that one had renounced.
Are you sure that the bank did not simply open an account in your sole name and permit the transfer of money from your mother's account  (on the grounds that the amount of money involved was below the HSBC limit for requiring probate)?
At all events, the money is in this new account and you are using it strictly for expenses relating to your late mother's estate.
Your brother has asked for details of those expenses  and he has a right to them- you can supply a copy of the bank statements and where it is not clear from the statement ( you haven't used the reference field to state eg  mum's utility bill), notes  to how the money was spent.
You are keeping/have kept all receipts, haven't you?
I am wondering why your brother is pursuing this rather aggressive path. It would seem that you have  both agreed to sell the property (and presumably are happy with the price) and have found an interested buyer.
He must realise that the property cannot be sold before probate is granted so why is he cutting off his nose to spite his face?
There is absolutely no point in being obstructive -provide the information required and get on with obtaining the Grant (which is likely to take at least five weeks, judging by recent posts and very possibly more).