Executor powers

engworldcup66

Sea_Shell

Nothing in writing no.

Death occurred December 

Sorry can't mention figures.

Can't be right to just lose even one thousand pounds because you can't afford to fight it.

thanks for your thoughts

There are only two nieces as mentioned both were close to the deceased   

They just took control of things from start and I thought nothing of it.

Keep_pedalling

Thanks that's interesting

SevenOfNine

Thanks solicitor seemed to be very professional and knew what they were doing yes.

74jax

"Why is there no possibility to put a restriction on? "

Surley if I am able to put a restriction on a house I have no involment in I could put a restriction on any house I wanted to?

Don't get how you can put a restriction on a house the executor/administrator owns now?

"Why does having no money NOW stop you from using a solicitor who takes the money from the estate when settled?"

I have mentioned the fact even if I did would it be worth it due to the fees climbing up and up and not knowing if it would be any sucess

Keep_pedalling

Home insurance looked into thanks for thoughts

deed of variation 

what a good idea.

naedanger

I was being very rough of course solicitior was up to speed it's just the answer was not yes it will 100% succedd 

   

theoretica

They are doing it I guess they have the letters of administration and are not talking to me anymore so guess it's all in motion.

getmore4less

Yes getting an executor/administrator removed seems hard work too 

eveything seems to back the person doing what they are doing and nothing easy for the other person to defend with.

  

   

engworldcup66

Thanks for everyone's replies.
There is some hope from what I have read and it does stand that most people would come to complain rather than share stories of getting the right outcome.
It also seems the more you know of the finances the better.
Also some good ideas too.
 

Sea_Shell

engworldcup66 said:

Nothing in writing no.

Death occurred December 

Sorry can't mention figures.

Can't be right to just lose even one thousand pounds because you can't afford to fight it.

thanks for your thoughts

There are only two nieces as mentioned both were close to the deceased   

They just took control of things from start and I thought nothing of it.

Thanks for those replies.    December is still VERY recent.   There is such a thing as an "executors year", which does give them an element of time to deal with everything, during which I doubt very much that any Solicitor would take on a case, until such time that it became obvious that you would be (have been) deprived of any inheritance.    You never know, they might come good!

At the moment you only have verbal notification that they intend not to abide by the rules.   You need to wait and see what ACTUALLY happens.    If they, say, buy a new Maserati, or move to a big house, that may go someway as proof that they have kept (and spent) your inheritance.

I realise you don't want to say, but the numbers DO make a difference to the situation.    As you say, no it's is not right to lose even £1000, but in reality, and being pragmatic, it is also not worth the legal costs or stress and aggravation, to pursue such small amounts.   Yes, it's a shame their isn't a "free arbitration" service in this respect, but that's just how it is. 

Again you say it's two nieces.    Is it their (your) Aunt that is deceased?   And are the siblings of the deceased also deceased? 

I ask because as I understand it, under intestacy, if the Aunt was unmarried, widowed, and childless, then the estate would go to their siblings, and only if they had already passed, would it go to Nieces.

TBagpuss

Of course, the fact that you haven't had any thing in writing doesn't stop you from putting something in writing to them.

This could be a polite letter (keep a copy and proof of posting) saying 

"I was concerned when you commented on [date] that you could "do what you wanted" . I hope that this was a joke, or a misunderstanding,. I have taken advice which confirmed that, as I'm sure you know, as administrator of [name]'s estate you have a legal obligation to administer the estate in accordance with the law relating to intestacy, and do not have the right to chose to distribute the assets in any other way. Failing to follow the law would result in you being personally liable to the other beneficiaries and could result in criminal proceedings for fraud and/or theft.

I feel sure that you would not really plan to steal from myself and the other beneficiaries , but in light of your comments to me, even if these were intended as a joke, I felt it was appropriate to check that you were aware of the binding, legal obligations you have in your role as Administrator. 

I would be grateful f you can confirm as a matter of urgency that you will, in fact, administer the estate in accordance with the law and the requirements in an intestacy"

You can legitimately say you've taken advice - you have, here. 

getmore4less

engworldcup66 said:

Thanks for everyone's replies.
There is some hope from what I have read and it does stand that most people would come to complain rather than share stories of getting the right outcome.
It also seems the more you know of the finances the better.
Also some good ideas too.

Probably worth finding out as much as you can just in case as it gets harder to do as time goes on if the person obtaining the grant want to obfuscate the assets.

If you know they owned a house land registry for that £3 well spent you can then do some your own research on estimating value.

Sea_Shell

That's a brilliant letter TBagpuss.

xylophone

Failing to follow the law would result in you being personally liable to the other beneficiaries and could result in criminal proceedings for fraud and/or theft.
I feel sure that you would not really plan to steal from myself and the other beneficiaries ,

As far as can be gathered, there are only two beneficiaries of the estate ( two nieces of the deceased) and the OP is one of them.

https://forums.moneysavingexpert.com/discussion/6264484/executor-powers/p2

Two people only involved in this me and the other person.

Only one of us is administering the estate which is the problem as they have said they are going to keep everything themselves. 

TBagpuss

xylophone said:

Failing to follow the law would result in you being personally liable to the other beneficiaries and could result in criminal proceedings for fraud and/or theft.
I feel sure that you would not really plan to steal from myself and the other beneficiaries ,

As far as can be gathered, there are only two beneficiaries of the estate ( two nieces of the deceased) and the OP is one of them.

https://forums.moneysavingexpert.com/discussion/6264484/executor-powers/p2

Yes, I meant to put 'me and the other beneficiary/beneficiaries' - I couldn't recall how manythere were but there's a typo where I missed out 'me and'