Difficult Executor

RAS

Deleted User said:

I know the location of accounts but the balance is above £5000, so probate is required to release funds

Are you saying that the bank has told you there is a £5k limit on paying out or that you assume this is the case? I'm aware that the limit for premium bonds is low.

[Deleted User]

The executor has closed that account immediately and is sat on the money, premium bonds need probate for over 5k

RAS

Thank you. That explains the difficulty.

There are others more useful than me, but it looks like the only option is going to be to take action to remove the executors. They will probably give them the option of acting promptly or renouncing.

If you have not done do already, I'd be tempted to write asking them to renounce if they cannot act promptly to obtain probate and asking them for a response with a couple of weeks. It might even be worth asking a solicitor for advice on the content. Then go for removal if they don't reply.

xylophone

The OP might write to his stepdaughter and spouse ?


Dear John and Mary,

In view of my terminal illness, I would be very grateful if you could expedite the payment of the legacy due to me under your late mother's will.

I know that if I die before you are able to  deal with the matter,  my children  will inherit in my place  but  I am sure  you will understand that I would prefer not to leave them with additional administration if it can be avoided,

Thank you,

Jack

[Deleted User]

Thank you for your advice 

[Deleted User]

Has anyone sent an official warning letter to an executor from a solicitor, just wondering if that would be more effective? Also how much does it cost? I’ve read removing an executor is expensive. Sorry for all the questions but I’m trying to work out the best route.

RAS

I think it is better to try writing yourself, formally before getting a solicitor to write a letter.

Send it first class with a certificate of posting; if you want certainty send two copies from different post offices. Sounds bizarre but if your step-daughter claims later she's not received the letter, the courts tend to the view that one might go missing but two sent the same day from different places? Make sure you keep a copy.

One thought on which others may have a view; you've mentioned three specific bequests in the will, the house to her daughter and the bank account and premiums bonds to you? Are there other accounts that would form a residuary amount from which to pay any debts of the estate? 

[Deleted User]

Hi thanks for replying, the one bank account is being used to pay any debts, mainly funeral costs and I presume then I get the residual amount. I’m mainly worried this is all taking time,which I don’t know exactly  how long I have. It is so draining and worrying when I should be enjoying myself, I just want it sorted so I can move on. Have you had experience of these issues?

SevenOfNine

Deleted User said:

The executor has closed that account immediately and is sat on the money, premium bonds need probate for over 5k

If she has not completed the probate process, nor has the death certificate (I assume you have that), I'd be looking into how she managed to close the account & remove the funds. 

You can check if she has completed the probate process here, https://www.gov.uk/search-will-probate  she may have done it & just not telling you to increase upset & waiting time. If the estate was below the tax threshold & not complex, the one I did late Nov was completed & grant in my possession less than a fortnight after I applied!  They're not all taking ages.

Keep_pedalling

Deleted User said:

Hi thanks for replying, the one bank account is being used to pay any debts, mainly funeral costs and I presume then I get the residual amount. I’m mainly worried this is all taking time,which I don’t know exactly  how long I have. It is so draining and worrying when I should be enjoying myself, I just want it sorted so I can move on. Have you had experience of these issues?

That depends on the wording of the will. If the PBs and bank account form the residual estate and you are the residual beneficiary then yes the funeral costs come out of your inheritance. If on the other hand you were specifically left these two assets and the daughter is the residual beneficiary, then funeral costs come out of her inheritance unless there are insufficient residuals to pay it.