Inheritance issue

xylophone

They still said I should send anything to them. I've since sent the executors and the solicitor a signed for letter each stating that I am aware myself and  my children are beneficiaries, requesting the information that I'm entitled to and of course the inheritance, I included certified proof of ID, birth certificates of the children, bank details and a copy of the will itself and grant of probate.
On receipt of the letter the executor signed for it as "bin it" but gave their name (so I know who it was); I assume they've binned it without opening it. The solicitor's receptionist signed for it at their place of business and I've yet to hear anything.

You can chase up the solicitor.

The executor must be given time to administer the estate.

https://www.birkettlong.co.uk/site/blog/will-disputes/why-are-we-waiting-the-story-of-the-executors-year#:~:text=To the annoyance of many,administrators as well as executors. 

For the executors not to comply with the terms of the will is a breach of their duties - you can make a claim against them.

https://www.irwinmitchell.com/personal/probate/probate-guide/beneficiary-rights#legalrights

McJR82

The solicitor has responded to me at last. They've confirmed the part of the will about specific cash gifts but they claim we aren't residuary beneficiaries as they consider "small chattels" to not be part of the residuary estate.

My Grandmother's will is divided into several paragraphs, the first states the specific cash gifts and who is to receive (they have confirmed this part of the will).
The 2nd deals with personal chattels as defined by the Administration of Estates Act 1925 s 55(1) (she lists her clothing, jewelry, furniture and so on). She clearly states these are to be divided based on the wishes of the beneficiaries or failing that as equally as possible. The executors cleared out her house and sold most of her furniture which included several antiques, including a 19th century Grandfather clock worth several thousand, an antique chest of drawers and various statues and collectables of value all before officially valuing the estate (I can't prove it, except that the items are gone); the Solicitors state the chattels consist only of a small amount of jewelry and everything else was worthless and so disposed of at charity shops or sent to the tip; I wasn't informed of this before it occurred and so had no opportunity to state if I wished to have any of it (so I couldn't "claim" anything which holds sentimental value to me either). The solicitors state that the jewelry and any money I receive from the sale are not being treated as part of the residuary estate and as such I am not entitled to the estates accounting.

I may have misunderstood but isn't anything not a specific cash gift part of the residuary estate?

xylophone

Your grandmother's chattels were not part of the residue as she made a specific mention of what should be done in regard to these items in her will.

She clearly states these are to be divided based on the wishes of the beneficiaries or failing that as equally as possible. 

Thus the residue is what remains after the specific gifts/legacies have been paid.

https://www.willwriters.com/blog/dealing-with-personal-chattels/

You could raise a dispute as a beneficiary who was not consulted but how would you prove what your grandmother may or may not have had at the time she died?

Then there is the "catch all" phrase "failing which".......you lived abroad/were not in regular contact/ it was necessary to ready the property for sale etc etc?

naedanger

The residual estate is the property that remains in a deceased person’s estate after all specific gifts (not just cash) have been made and all debts, taxes, administrative fees, probate costs and court costs have been paid. So if Ieft you my car that would not be part of the residual estate.

However in your case I am not so sure since the possessions you and your children were to inherit weren't specified precisely - they depend on agreement with others. (I would have thought you would be entitled to at least see the inventory of possessions and any information on their disposal. But hopefully others will know the position.)

Edit: It also sounds like the executors did not following the instructions in the will if they failed to attempt to get agreement on how to share the possessions. So I would have thought in theory you should be able to take action against that point. However in practice it may not be worth the effort if they maintain the items had no value and you cannot prove otherwise.