Executor withholding inheritance 30 September 2020 at 6:23PM in Deaths, Funerals & Probate 7 replies 648 views

sport321

Looking for advice as the executor of my grandmother’s Will (passed away July 2019) has been in possession of all of her assets since January and we have not received any of the estate accounts, any communications or any of her assets. My brother (minor) and I are joint beneficiaries of 50% with the Executor entitled to the other 50%. He has distributed 3 gifts of money himself to stated family members 2 months ago.  My solicitor has had confirmation that the solicitor dealing with the grant of probate has closed the account (I have not ever heard from him myself) and my solicitor has sent the executor communications on 3 occasions acting on my behalf with no reply. My mother passed away before my grandmother but both my brother and I’s names are stated in her Will.

AnotherJoe

Send a letter before action froma  solicitor, and then take legal action.

sport321

My solicitor has already sent 3 letters to him...

sport321

Just wanted to check what else I could do before taking harsh measures 

xylophone

You do have a copy of the probated will?

My brother (minor) and I are joint beneficiaries of 50% with the Executor entitled to the other 50%. He has distributed 3 gifts of money himself to stated family members 2 months ago. 

Do you mean that specific legacies were left to certain persons and that the exor, you and your brother were the residuary legatees (50% to him and 25% each to you and your brother?

What advice has your solicitor given concerning taking action against the executor?

sport321

Yes that is correct. 3 individuals were each left a gift of £10k each (which the exor has already given to them) and the rest is to be split as you have stated. She has said that we could either try to get him removed as exor as he has a bad history with finances (charges against his property etc.) or try to trace the money by applying to freeze his assets as we know he has been on a bit of a spending spree. Not ever been in this situation before so not sure the best way to progress forward

sport321

And yes we have a copy of the Will

xylophone

Take the advice of your solicitor as to the better course of action?