Executor powers

Keep_pedalling

Do you have legal cover with your home insurance? 

Bear in mind the your cousin has yet to actually commit any wrongdoing. They have probate and have the power to sell the house and it is only if they follow through with their threat to steal the inheritance that they can really be pursued and things can start to get really expensive. At the moment you are at the get a solicitor’s letter to the administrator stage, which is just telling them that you are serious about not letting them get away with it (even if you are just bluffing).

One option you do have, and it would be one I would only suggest if you are really are just going to abandon your claim, is to do a deed of variation to give a large part or even all of your inheritance to someone who will actually vigorously pursue your cousin for the money. I am thinking here of one of the major U.K. charities, as no executor would want to mess with their legal departments.

74jax

Keep_pedalling said:

Do you have legal cover with your home insurance? 

Bear in mind the your cousin has yet to actually commit any wrongdoing. They have probate and have the power to sell the house and it is only if they follow through with their threat to steal the inheritance that they can really be pursued and things can start to get really expensive. At the moment you are at the get a solicitor’s letter to the administrator stage, which is just telling them that you are serious about not letting them get away with it (even if you are just bluffing).

One option you do have, and it would be one I would only suggest if you are really are just going to abandon your claim, is to do a deed of variation to give a large part or even all of your inheritance to someone who will actually vigorously pursue your cousin for the money. I am thinking here of one of the major U.K. charities, as no executor would want to mess with their legal departments.

Keep peddling that's genius (and I'm a little disappointed I didn't think of it 😂).

Sea_Shell

74jax said:

Keep_pedalling said:

Do you have legal cover with your home insurance? 

Bear in mind the your cousin has yet to actually commit any wrongdoing. They have probate and have the power to sell the house and it is only if they follow through with their threat to steal the inheritance that they can really be pursued and things can start to get really expensive. At the moment you are at the get a solicitor’s letter to the administrator stage, which is just telling them that you are serious about not letting them get away with it (even if you are just bluffing).

One option you do have, and it would be one I would only suggest if you are really are just going to abandon your claim, is to do a deed of variation to give a large part or even all of your inheritance to someone who will actually vigorously pursue your cousin for the money. I am thinking here of one of the major U.K. charities, as no executor would want to mess with their legal departments.

Keep peddling that's genius (and I'm a little disappointed I didn't think of it 😂).

I agree, good plan.  Let the Rottweilers of a large Charity's legal department take it on.    See how the "thief" fairs then.    

It's really worth considering (for some, not necessarily the OP) for those who may find themselves in a similar position, and really just want to wash their hands of the aggro and walk away.    Cause a little mayhem in the process!!!!     

naedanger

engworldcup66 said:

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

Your rough overview of the outcome of your initial free consultation is not consistent with what a good solicitor would have covered. 

You said previously they suggested there was nothing really that could be done beyond writing letters that could be ignored. A good solicitor would have told you, in general terms, what experience they had in similar previous cases, what they did and the outcomes. If those outcomes were that they secured nothing for their clients then they were not good solicitors. I suggest you try another and discuss a no win no fee arrangement. Most (but not all) costs are likely to be awarded against the rogue executor and will be taken from their share of the estate/house.

theoretica

engworldcup66 said:

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

Sounds like your cousin is pushing your buttons rather well.  What is the timescale?  How long since they got letters of administration?

Of course there is a strong reporting bias and things which don't go smoothly are far more likely to turn up on the internet.

getmore4less

This is going to have to go through the motions now that one of the beneficiaries at the same level got a grant without the other.
(never a good move to allow that unless there is existing trust in place)

This won't be a simple case of going to court  with a give me my money

There will be a series of steps to go through first to prove there there has been an maladministration.

Probably the first thing will be needed is the inventory and account to get the ball rolling in the court system and determine the size of the estate and the legal distribution

Having a look at the steps you have to go through to get an administrator removed  will give you an idea of what proof you need.

luckbox

You are unlikely to see a forum thread resulting in a success story as people come here with problems looking for advice. There is little reason coming here to tell people that they succeeded in bringing an errant administrator to task.

Sea_Shell

luckbox said:

You are unlikely to see a forum thread resulting in a success story as people come here with problems looking for advice. There is little reason coming here to tell people that they succeeded in bringing an errant administrator to task.

That's if we ever even get the end of the story. 

Most threads are left hanging with no outcome either way!!

maman

OP seems so totally spooked by bad news stories on the subject that no amount of advice is going to be even considered. It seems it's her way (find me a good news story) or nothing. 🤔

74jax

maman said:

OP seems so totally spooked by bad news stories on the subject that no amount of advice is going to be even considered. It seems it's her way (find me a good news story) or nothing. 🤔

Totally. Mine was a good result with a solicitor - mentioned earlier on this thread) but I never posted it anywhere at the time, because there was no need....