Executor not following the will

xylophone

I really don't understand what is going on.

A  relative of yours while very ill was fully compos mentis.  She had made a valid will.

A few weeks before she died, she asked somebody  to sell some jewellery on her behalf and apply the sums realised to the settlement of certain debts.

The persons who were named as the exors of her will were  fully aware that this had been  done.

The relative died and the exors proceeded to probate. Having obtained the Grant, they (presumably) gathered in the assets of the estate and made the distributions that the will required.

You are a residuary beneficiary and now think that the distribution was handled incorrectly (or  that there are assets that have not been gathered in) or that you have not received your full bequest.

You have asked for a full copy of the estate accounts but the exors are refusing.

The grounds of that refusal are that they are asking for the jewellery/the proceeds of sale despite the fact that they knew before the deceased died of the arrangements made in respect of these  items.

This is mystifying!

Are there receipts from the sale of the jewellery?   Did the creditors give receipts on settlement?
Have you asked the person who sold the jewellery and settled the debts?

ExecutorIssue

xylophone said:

I really don't understand what is going on.

A  relative of yours while very ill was fully compos mentis.  She had made a valid will.

A few weeks before she died, she asked somebody  to sell some jewellery on her behalf and apply the sums realised to the settlement of certain debts.

The persons who were named as the exors of her will were  fully aware that this had been  done.

The relative died and the exors proceeded to probate. Having obtained the Grant, they (presumably) gathered in the assets of the estate and made the distributions that the will required.

You are a residuary beneficiary and now think that the distribution was handled incorrectly (or  that there are assets that have not been gathered in) or that you have not received your full bequest.

You have asked for a full copy of the estate accounts but the exors are refusing.

The grounds of that refusal are that they are asking for the jewellery/the proceeds of sale despite the fact that they knew before the deceased died of the arrangements made in respect of these  items.

This is mystifying!

Are there receipts from the sale of the jewellery?   Did the debtors give receipts on settlement?
Have you asked the person who sold the jewellery and settled the debts?

xylophone said:

I really don't understand what is going on.

A  relative of yours while very ill was fully compos mentis.  She had made a valid will.

A few weeks before she died, she asked somebody  to sell some jewellery on her behalf and apply the sums realised to the settlement of certain debts.

The persons who were named as the exors of her will were  fully aware that this had been  done.

The relative died and the exors proceeded to probate. Having obtained the Grant, they (presumably) gathered in the assets of the estate and made the distributions that the will required.

You are a residuary beneficiary and now think that the distribution was handled incorrectly (or  that there are assets that have not been gathered in) or that you have not received your full bequest.

You have asked for a full copy of the estate accounts but the exors are refusing.

The grounds of that refusal are that they are asking for the jewellery/the proceeds of sale despite the fact that they knew before the deceased died of the arrangements made in respect of these  items.

This is mystifying!

Are there receipts from the sale of the jewellery?   Did the debtors give receipts on settlement?
Have you asked the person who sold the jewellery and settled the debts?

Yep that pretty much sums it up, I'm not sure on the receipts etc.  However, my understanding is that is that the estate isn't formed until after a person dies? From an IHT if the money was a gift I could understand but in this case it shouldn't be included.

xylophone

Did the debtors give receipts on settlement?

I should have typed creditors - sorry! I have amended my post.

In terms of the estate, this comprises all assets of the deceased at death (real estate/cash/ money owed to the deceased/ investments/collectibles etc).

The value of the estate will be the above less funeral expenses/ taxes/debts etc.

It may be that there was an inventory of the jewellery with the will which was not amended to show the sale.

It may be that the exors want proof of the sale/proof of the application of the sale proceeds.

Do you know who acted as the testator's agent? Have you asked him or her about the matter?

Do you know the identity of the creditors? Have the exors checked with them?

Ultimately, as said in previous posts, you'll need to go to court.

https://www.clough-willis.co.uk/blog/what-are-beneficiaries-of-an-estate-entitled-to-know/

ExecutorIssue

xylophone said:

Ultimately, as said in previous posts, you'll need to go to court.

https://www.clough-willis.co.uk/blog/what-are-beneficiaries-of-an-estate-entitled-to-know/

Yes I think you are right, I'm giving more time as they are indicating that they will provide the information.