Joint executor Run away with estate funds, what can I do?

Will_hj

Hi,

I hope someone can give me some guidance as I feel alone down Ssss creek without a paddle 

I am joint executor for an estate. The Will compromises of a house and money (45k). The other joint executor has transferred the estates cash £45k into their personal bank account and has gone AWOL. They said they would pay the properties fees whilst we look for a buyer. problem is they are not paying any fees and I haven't been able to get hold of them for 3 months. They have not responded to phone calls, emails or text. They have stopped paying property bills and now the properties Leasehold company is taking Us as joint executors to court. They are alive as contact their parents but they said they do not have contact at this point of time and not to contact further (Guilt I smell!)

 However, I have just had a buyer make an offer on property so will pay the outstanding bills by taking a loan (appox bill £2k to keep us out of court and pursue sale)Now the joint executor is ignoring me  so I assume the worse. However, I cannot sell this house if I do not get their formal agreement?So, they are holding up the sale and not responding to my requests or queries about the estate funds which they may have spent.

 I’ve contacted a solicitor who want £200 an hour to look into this…..well this could add up quickly and apparently it is very hard to get a join executor removed, even with misconduct .I feel really stuck and ashamed this is a family member. I hope this all makes sense.

There are 4 other beneficiaries who are all being ignored as well by this joint executor. All attempts at contact has been documented by email/text.

Any guidance what to do next would be appreciated.

Thanks W

Keep_pedalling

You don’t have a choice, you have to take legal action to have him removed. You can’t sell the property without getting him removed,

Disappearing  with the money is theft, so you need to get the police involved as well.

Will_hj

Keep_pedalling said:

You don’t have a choice, you have to take legal action to have him removed. You can’t sell the property without getting him removed,

Disappearing  with the money is theft, so you need to get the police involved as well.

Hi, Thanks for your reply.
I cannot prove theft to the police as I have no evidence apart from that they have stopped communication. I currently do not have the fund for a solicitor, with having to pay the bills the joint executor was suppose to pay. It seems very unfair and there is noone who will help without paying thousands.
I suppose I will have to pay the bills and then get a solicitor to write a letter and see if that does the trick, but I highly doubt it will
Feeling sorry for myself as felt like I have let the beneficiaries down  and lost their money that my close relative wanted them to have. 

Owain_Moneysaver

Police.  The former offences of embezzlement are replaced by the new offence of theft, contrary to section 1 of the Theft Act 1968. And as joint executor you must report this. 

Dox

Feeling sorry for yourself is entirely understandable, but as you know, it isn't going to help anything. I'd start writing to your co-executor c/o their parents, whether the parents like it or not.

Dox

Owain_Moneysaver said:

Police.  The former offences of embezzlement are replaced by the new offence of theft, contrary to section 1 of the Theft Act 1968. And as joint executor you must report this. 

But where's the evidence? It sounds highly dubious but the police will want much more than that before they become involved in what, on the face of it, they might easily see as a domestic spat or a breakdown in communications.

xylophone

I think that you are going to need a Court Order to remove the executor.
https://elselaw.co.uk/problems-with-executors-and-administrators/

Generally in order to remove an Executor on the basis that they are unsuitable you will need to show that there has been serious misconduct or that the Executor is conflicted within their position.
Misconduct is considered to be:

1. Failing to keep accounting records;
2. Failure to comply with a court order;
3. Stealing from the estate

xylophone

I cannot prove theft to the police 

Are you saying that the absconder transferred money from the bank account of the deceased to his own bank account?

As executor, you have access to the banking records of the deceased?

elsien

Was an executor account opened at all? 

TBagpuss

I think you are going to have to get a solicitor involved. The costs should come out of the estate. If you don't take steps to sort this out you could end being personally liable to the beneficiaries. Are you and the other executor also beneficiaries? How big a proportion of the estate is the £45K?
It may be in the first instance that the solicitors can write to the other beneficiary, giving them a very specifc and short timescale in which to return the funds to  you / provide proof that they have opened an executors account and put the money there, and provide access to that account, and provide funds for the immediate and necessary expenses, and confirm that they will cooperate with the sale.
It will probably also need to warn them of the consequences if they don't cooperate, which might include seeking costs from them personally if you have to apply to court.  

Have you told the other beneficiaries / family members what is happening? Is there anyone whom the other executor is likwly to listen to, even if they are ignoring you?
It's a horrible position to find yourself in, but you need to get proper advice, not least to ensure that you fully understand your own legal responsibilities and to ensure that you do not put yourself at risk of liabiility - which you may do, if you don't take steps to protect the interests of the beneficiaries, sooner rather than later. Similarly, you may need to report it to the police even of they won't take any action, to protect yourself.

Will_hj

xylophone said:

I cannot prove theft to the police 

Are you saying that the absconder transferred money from the bank account of the deceased to his own bank account?

As executor, you have access to the banking records of the deceased?

Nope, not anymore. It is in their bank account . I have told beneficiaries and they have all agreed to write a formal letter to awol executor address giving 14 days to show accounts.
After this time has lapsed I will get a solicitor to write a letter demanding the same. 
Then take it further and to court.  I then will have evidence of executor not only fuffilling duties but also not communicating with beneficiaries.

As I get older i relies there isn't any power without money, and looks like this could cost me a lot. Solicitors says its extremely hard to remove an executor and get funds back and could get high up in the thousands. The police say its a civil matter. If I was rich the fist thing i would do is drag them to court. But having left to pay the estates bill out my own pocket has left me in my overdraft, sadly the beneficiaries are not of wealth either and all have young families to support.