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Executor powers

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Sadly a relative has passed and the time has passed now everything needs dealing with.

The problem is it has passed intestate and is between 2 people.

I naturally thought it was just a simple process and let the other person apply to become administrator.

However they have now been granted probate. They have turned around and said off the record they intend to keep money themselves a very substantial amount also they are going to do what they want with the house that was left.

They told me to try and find anything on internet searches to say executors got into trouble doing such things.

I have looked and they seem right all I can find is story after story of executors running off with vast amounts of money.

Police then doing nothing as civil matter and as the costs of going after the money are so high people just have to give up and are told time and time again to get on with their lives it's not worth it just forget it.

Surely this is not right.  

Can an executor do what they want without reprisals?

I have no money to hire any solicitors and the executor refuses to even discuss anything further.
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Replies

  • RASRAS Forumite
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    Firstly, they are an administrator, which alters the rules a bit.

    Do you actually have a copy of the grant of administration?

    You need to get a restriction put on the house to prevent them selling it, although it may not stop them moving in if that's their intention.
    The person who has not made a mistake, has made nothing
  • engworldcup66engworldcup66 Forumite
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    What rule changes with being an administrator?

    How would you put restriction on house sale?

    Not got copy of grant of administration but they have been granted probate.

    It just seems incredible can the executor do whatever they want? 
  • RASRAS Forumite
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    Get a copy of the grant of administration here

    Find a will | GOV.UK (probatesearch.service.gov.uk)


    The person who has not made a mistake, has made nothing
  • Keep_pedallingKeep_pedalling Forumite
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    What rule changes with being an administrator?

    How would you put restriction on house sale?

    Not got copy of grant of administration but they have been granted probate.

    It just seems incredible can the executor do whatever they want? 
    They can only do what they like if you let them. I recommend you speak to a solicitor ASAP.
  • engworldcup66engworldcup66 Forumite
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    Unable to use a solicitor due to lack of money.

    Even if I could get enough for initial enquiry could certainly not take it any further.

    This is what the people say who were in this position.

    I just can't believe it can be right as it seems anyone who has a right to inherit can get in first and become executor/administrator and claim everything for themselves.

    It seems if anyone tries to get justice they are just told get a solicitor and then it seems the bills go higher and higher until it is just not worth it and they have to give in.

    It surely just cannot be right.
  • xylophonexylophone Forumite
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    Get a copy of the  Grant.

    If you are entitled to half the estate under the rules of intestacy, then to deny you your share is clearly dishonest. 

    It appears that there is a substantial sum of money involved - it would be in your interests to contact a solicitor and find out if he would be prepared to take you on as a client/help you register a restriction at the Land Registry?

    https://www.gov.uk/protect-land-property-from-fraud

    https://www.talbotslaw.co.uk/site/blog/inside-out/problems_executors_administrators
  • RASRAS Forumite
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    And again, get a copy of the grant.


    The person who has not made a mistake, has made nothing
  • 74jax74jax Forumite
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    Sadly a relative has passed and the time has passed now everything needs dealing with.

    The problem is it has passed intestate and is between 2 people.

    I naturally thought it was just a simple process and let the other person apply to become administrator.

    However they have now been granted probate. They have turned around and said off the record they intend to keep money themselves a very substantial amount also they are going to do what they want with the house that was left.

    They told me to try and find anything on internet searches to say executors got into trouble doing such things.

    I have looked and they seem right all I can find is story after story of executors running off with vast amounts of money.

    Police then doing nothing as civil matter and as the costs of going after the money are so high people just have to give up and are told time and time again to get on with their lives it's not worth it just forget it.

    Surely this is not right.  

    Can an executor do what they want without reprisals?

    I have no money to hire any solicitors and the executor refuses to even discuss anything further.
    Under the rules of intestate, are you due to inherit?

    The 2 people who are administering the estate, are they due to inherit (under intestate)? 
    Forty and fabulous, well that's what my cards say....
  • Keep_pedallingKeep_pedalling Forumite
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    Unable to use a solicitor due to lack of money.

    Even if I could get enough for initial enquiry could certainly not take it any further.

    This is what the people say who were in this position.

    I just can't believe it can be right as it seems anyone who has a right to inherit can get in first and become executor/administrator and claim everything for themselves.

    It seems if anyone tries to get justice they are just told get a solicitor and then it seems the bills go higher and higher until it is just not worth it and they have to give in.

    It surely just cannot be right.
    It seems you are due to receive a large inheritance, most solicitors will take on a case like this where their fees are virtually guaranteed by such an inheritance.

    What  your relationship to the administrator and rather deceased? 
  • edited 3 May at 8:45PM
    engworldcup66engworldcup66 Forumite
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    edited 3 May at 8:45PM
    Whilst I appreciate most everyone has the advice go to the solicitor.

    I have had free consultation and tried to get free legal advice elsewhere.

    The whole point is that they cannot do anything other than take your money.

    It usually goes something like this:

    Initial contact with solicitor £££££

    Letters formed by solicitor ££££££

    Executor/administrator ignore letter

    Back to solicitor ££££££

    More letters ££££££

    Again ignored.

    It builds and builds and builds this is not cheap by any means.

    By the time you even get close to a civil case the costs for that are again eye watering and by then the executor/administrator is still ignoring you.

    Again police will say civil matter and looking on-line over and over again no one ever gets a resolution and they just say they gave up for the benefit of their health.    

    If anyone can find a forum post where there was a successful attempt made please let me know I have searched and searched and the only conclusion from zero success stories for those trying to get the money is there is a serious loophole in this field where you can effectively deny someone's legal entitlement to money and get away with it due to the very very very high cost of trying to get hold of it. 

    By the way all posts usually start as this one with everyone mentioning go to a solicitor. 
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