Executor powers

naedanger

engworldcup66 said:

Sorry rather not discuss figures here.

The house has no mortgage. 

It is a lot of money and rightly so very concerning.

Biggest issue is no one can definitively say that they cannot get away with it. 
It makes it as though anyone who is an executor/administrator has free reign to do whatever they want.

OK. I think you had the misfortune to consult the worst contentious probate solicitor in existence. No half decent solicitor will say anything like "It's difficult if they do not respond etc" when there are clear legal steps that can be taken. And with a mortgage free house to pay their bills I cannot see why they would not be keen on the businesss if the case is as you described. (I also think from your summary of the consultation they are clueless.)

I suggest you consult another solicitor that specialises in contentious probate. 

engworldcup66

They were serious and contentious probate I am just giving rough overview of outcome.

Solicitors are more than happy to take it on.

However as stated it costs a lot a real lot. Money I simply do not have.

I cannot even afford an initial consultation.

I am obviously unable and would anyway be reluctant to spend thousands upon thousands of pounds given I am unable to find one successful outcome on the internet where someone got the money back they were entitled.

It has to be staggering does it not we are talking about a large sum of money that someone is able to just keep to themselves simply because the only way to get the money would be to spend an equivalent or near as to it.

It's ok getting a no win no fee firm on the case but what about years of pain and distress that it causes? with no guarantee of a success at end. 

It should be a simple answer to how can you stop someone from just taking an inheritance that was supposed by law to be split 50/50.
Not just go to a contentious probate solicitor. 
Or a no win no fee firm

Just how do you stop what is so obviously wrong?

Answers seem to be you just can't except spend thousands and thousands and just hope that you are the first success story from loads of unsuccessful stories.

Please someone just show me evidence of one successful case as said I cannot find one.

Yes solicitors will say there are steps you can take but they do not say it will be 100% certain to be a positive outcome.

Also where is the evidence of someone actually being successful?  

This may sound simple as just go to a solicitor and everything will be sorted.

It just is not the case it simply will not be sorted. It will cost and a lot a real lot but not any guarantee. 

naedanger

The solicitor you met was so bad I wonder how they have a business. You have been left with the belief that there is little they can do and the prospect of success is remote. And they unsurprisingly have not gained a good piece of business.

I would have expected them to quiz you about the estate and the problem you face, then basically give you a sales pitch outlining all the different options and how they can help you and then discuss and address your concerns about funding the case. (At the same time not giving you specific advice or anything too useful until you have signed up as a client.)

The solicitor you spoke to sounds like they don't have a clue on how to proceed. No wonder you have no confidence of a positive outcome. Try another firm.

Savvy_Sue

One thing that's been suggested is putting a restriction on the sale of the house, which I don't think would be a particularly difficult or expensive thing to do. I suspect there would be information on the Land Registry website about how to do this. 

Once you've done that, it becomes a straightforward negotiation with the other executor. You'll lift the restriction once it's clear you'll get your half of the inheritance. 

engworldcup66

Not a possibility to put restriction on the sale of the house. I do not own it and the administrator has probate.

Make no mistake the solicitor I spoke to was very very highly regarded. They gave lots of advice. 

There is a lot being made of the solicitors and how they can advise and believe me they did.

However as I have explained over and over it is an issue that time and time again these situations happen.

Time and time again advice on forums begin along same lines ask solicitors help etc.

Time goes the executor/administrator just ignores all the attempts made by solicitor.

There is no real power to enforce anything as it's a civil matter and it drags on and on.

The only people who get any success is the solicitors.   

I really appreciate people taking the time to read and respond.

However it is not helping all the ask the solicitors advice.

There is simply no evidence of anyone being successful at stopping something like this and only evidence of people being put through health issues from the stress of it all and spending thousands only to get nothing from the process and have to in effect give in to keep their health it's that serious.

I am trying to find anyone who has successfully done anything about someone doing something like this. 

Make no mistake I am extremely upset and at a loss as to what to do.

What is of most concern is simply the lack of being able to find any success stories when they involve executor/administrators doing the wrong thing by the beneficiaries.

This can only lead to the one realisation that they can in effect do whatever they want without repercussions.

That is unless you are a millionaire so can afford to take them on.  

Sea_Shell

Firstly OP, i feel for you.  It must be a horrible situation to be in.

Yes, I agree that there should be some official department that can be applied to that deal with these issues, but it would appear their isn't and so it is left to the private sector to sort out amongst themselves (Solicitors).

As for the Police referring to this as a Civil matter, that's as may be, but the definition of Theft appears to be...

Definition of “theft”

1Basic definition of theft.

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

It goes on to give full definitions of the above words used.     Google the Theft act 1968

The main problem with getting this issue dealt with as a theft, is timescales, and proof.    Administrators/Executors have time on their side, and there is nothing to stop them dragging their heels over distribution of any inheritance, so even if the Police did get involved, they could simply say "we're working on it".      Do you have anything in writing from them actually confirming that they are NOT planning on distributing the estate as per intestacy.     If they do keep what it rightfully yours, then that IS theft IMO.

When was the death?

As for you not wanting to mention the figures involved, it does make a difference to how your case may be dealt with.    If its a small property in a cheap part of the country and only worth, say £30k and there is no other cash,  that is a different ball game to a house worth in excess of £500k, with other substantial assets in the estate.   

Maybe that's why many cases DO get dropped, is that in that first example, it isn't really worth the heartache of pursuing £15k.    That's why the figures matter, as the solicitors fees will need to be paid from your settlement.   

You've not mentioned a possible Inheritance Tax bill, so the estate can't be THAT big, even though it may be substantial.   Were they widowed?    The threshold could be either £325k, or £650k if widowed, (as the estate isn't now going to direct descendants)

You could always go to the Media, if you really feel you have no other option, and you feel the estate is large enough to make headlines.     But again, that usually just still ends up in a court case.

Or you could try a "go fund me" page?

As far as i know, there is no other (legal) way of MAKING someone do something, WITHOUT going through the courts in one way or another (Civil or Criminal).

Sea_Shell

Just another thought, can you confirm the exact family tree here of the deceased and yourself (niece) and the other beneficiary (another niece). 

Nieces to whom, the deceased?     So was the deceased a childless, single/widowed Aunt or Uncle?

Are you and the other beneficiary siblings or cousins?   If cousins, is the sibling of the deceased also deceased?


You say neither of you lived locally to the deceased.   How did your sibling/cousin get the death certificate, and did they register the death?    Did they have a much closer relationship to your A/U?

Keep_pedalling

Send your cousin this link.

https://www.standard.co.uk/news/crime/jail-for-the-good-neighbour-who-stole-ps110-000-inheritance-a4333696.html

SevenOfNine

Cost a fortune, stress, distress, upset & health issues, yes. I'm afraid there will probably be all of those which you've made very clear you can't cope with, (or would rather avoid).

As naedanger has pointed out (with some example links) a specialised no win, no fee contentious probate solicitor seems like the best way forward to avoid some of what you want to avoid! Though you should be mindful that 'no win, no fee', may not include any costs awarded against you, should this case not be quite as cut & dried as it seems, (a greedy administrator doing as they please), so you should ask questions about that. Time may be of the essence as well.

I see you've had contact with one already, but it doesn't sound like it's his speciality?

There have been many tales of woe on here, people 'shafted' by executors/administrators/family members, the results vary from accepting solicitor costs, time, stress etc in an effort to obtain what is rightfully theirs, or giving up!  I've never seen a successful strategy that didn't include most of what you want to avoid. 

As wrong as it is it happens, & will probably continue to happen, leaving beneficiaries like yourself, sadly, stuck between a rock & a hard place.  Might be able to get some free advice here
 https://legalbeagles.info/forums/

74jax

engworldcup66 said:

Not a possibility to put restriction on the sale of the house. I do not own it and the administrator has probate.
.

Why is there no possibility to put a restriction on?  The fact you don't own it and are not administering the estate is the reason why you put the restriction on.  NOT the reason why you can't. If you can explain your beliefs around this we could maybe help you. 

Why does having no money NOW stop you from using a solicitor who takes the money from the estate when settled? Again I don't understand your reasoning on this? We had a family matter in Ireland (in in England) and this is what happened, and rather common. 

So I understand the bloodline.... Your unmarried/windowed aunt {no children} died who had two siblings. Both siblings also died. You are the only child of 1 and the administrator is the only child of the other.