Difficult Executor

Keep_pedalling

SevenOfNine said:

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.

Banks will pay out without probate for quite high sums, and even if she was not the one registering the death she can easily obtain copies of the death certificate.

Keep_pedalling

Unless you are in need of the money, I would advise you to step back from this. You don’t really want to spend what time you have left fighting your step daughter. Let your children take this on. If you already have a financial LPA in place they already have the authority to act on your behalf, if not you can draw up an ordinary POA to act for you in this matter.

They are going to have to work with her in their role as your executor with regard to selling the house,so they may as well take the responsibility now.

[Deleted User]

Had contact with executor to enquire on progress of probate that they apparently said they had applied for six weeks ago. Apparently they had been told it would take 12 weeks to process for a very very simple estate. I really don’t think they have even applied yet! They informed me that when they receive it they will apply for the premium bonds to be released and said that will then take a further 12 weeks. This is beyond a joke now. I phoned NS&I and was informed it’s a maximum wait of 28 days and probate state they can be contacted if you haven’t received grant after 8 weeks. I informed them politely of my discovery and they replied it will take as long as it takes. What do you all suggest my next step is after this information?

xylophone

they replied it will take as long as it takes. 

This is true. If you read other posts on the subject of time to obtain probate, you will see that some posters have been surprised that the grant has turned up within a couple of weeks and others have waited months.  

[Deleted User]

I know they take different amounts of time to receive depending on the complexity, this is a very simple execution. Am I correct in thinking that once Inheritance tax form is completed, it’s just the one probate application to complete to state value and no tax payable? You are not then awaiting other documents to send back and forth.After speaking to NS&I and them confirming 12 weeks wait is over exaggerating it’s currently 28 days, it’s proof they are delaying me from receiving my money. 

xylophone

Was the property wholly owned by your late wife or are you the surviving tenant-in-common?

 Are you the beneficiary of an Immediate post death interest in possession trust?

https://www.willwriters.com/blog/ipdi-not-ipdi-question/

[Deleted User]

The property was owned by my late wife and I sold property to move in with her when we married. I used my money from house sale to update our home as it was rather dated. I agreed when she discussed leaving it to her son as it was originally hers, however I had spent around £70k over the years but we had both benefited from a comfortable updated home.It’s written in her will I have the right to live there until death. The executor who is also beneficiary of the house does not gain anything until I die so is delaying applying for probate(obviously denying it) I have been bequeathed everything else like personal items, bank account and premium bonds etc, getting the house isn’t enough,  she has tried to demand money and other items which I feel is like a threat of blackmail unless I give them I won’t get my entitlement. Just after her mother’s death I caught her stealing jewellery and money, so I will no longer have her in the house, as you can imagine a very strained relationship. The frustrating part is the premium bonds are actually from my house sale but we split between both names because of limits and now I’m waiting for her to give it me back because her daughter and husband were made executors. 

Mands

Deleted User said:

After speaking to NS&I and them confirming 12 weeks wait is over exaggerating it’s currently 28 days, it’s proof they are delaying me from receiving my money. 

I am not convinced this is proof of anything, sadly.

When my husband died NS&I were, by far, the loveliest of all the organisations I dealt with.  They were sympathetic, were clear on timescales and could not have been more helpful.  I went out of my way to send specific praise to head office about how they had dealt with my call.

It then took 6 months for them to close the accounts and that was *after* I involved my lawyer.  One day I noticed the value of one of my accounts had increased and the value of the increase was broadly similar to the value of his accounts.  They had not replied to my lawyer, they did not write to me for another month, they did not apologise for their fundamental misunderstanding of the law.

Since then, as the pandemic changed their working practices, their levels of customer service have declined significantly and problems have been widely reported in the mainstream press.

To summarise: they may have an aim to close cases within 28 days and that may not happen for many reasons.

Mands 

[Deleted User]

Just to update that the executor has part paid but with holding funds to complete their executor duties I.e transfer house deeds, burying ashes and new headstone ( although no one stated in the will) I have asked for a timeline but none given, just delay tactics to delay finalising everything! Is this acceptable?

Ms_Chocaholic

Have they given an approximate cost for these items, depending on the price it might be easier to just agree to them rather than fight.