Executor not following will

Bag_o_Bones

Hello, I was wondering if anyone has had any experience of a Executor not following a will? A relative sadly died a couple of years ago but left a will with instruction on how assets were to be divided, however the Executor has not followed these instructions, has not applied for probate (so no one can see the will) and is basically filling his pockets. When challenged he becomes aggressive and evasive and makes statements like "she didn't like you anyway" which is wrong and hurtful. 
I'm really at a loss on how to go about dealing with this and overall it'll be tens of thousands of pounds being taken. 
I'd appreciate any advice.
Thanks.    

Robin9

If you are confident that all is not as it should be - perhaps time for a solicitors letter reminding the executor of his obligations

Sea_Shell

Have you seen the actual will, or a copy of what you know to be the final will?

Are you 100% sure there wasn't a more recent one?

I agree that a solicitors letter might help focus their morals, but sadly we read of too many instances where legal obligations and duty go out the window when greed takes over. ☹️

Also the Police seem reluctant to get involved even in outright cases of theft or misappropriation.

Goose_Grass

I googled your post's title and found:

https://www.co-oplegalservices.co.uk/media-centre/articles-oct-dec-2019/what-happens-if-an-executor-doesnt-follow-the-will/

and

https://www.thegazette.co.uk/all-notices/content/102309

which both looked pretty sensible to me.

The gist seems to be that if you are a residual beneficiary, then you have a right to see the accounts, and the right to challenge poor executorship. The articles suggest should start by contacting the executor in writing and collecting evidence of his reply (or non-reply).   If this doesn't get an outcome you feel is proper, then you can petition to have him removed through the courts.  This sounds more expensive than him mending his ways, as at some point you are likely to need a solicitor, so ideally the first step works.

If you aren't a residual beneficiary nor are acting in a capacity for one, but rather are a concerned bystander, then I don't believe that there is much officially that you can do.

p00hsticks

Goose_Grass said:

If you aren't a residual beneficiary nor are acting in a capacity for one, but rather are a concerned bystander, then I don't believe that there is much officially that you can do.

There is a middle case, where you are neither a residual beneficiary nor a 'concerned bystander' but rather a named beneficiary of specific items and/or sums of money.
I would imagine that - in a way - providing that they are confident of the contents of the will, such a person would be more difficult for an executor to ignore, as it's more difficult to dispute 'Aunt Lucy's collection of china cats' or 'the sum of £5000' than it is 'whatever's left over from the estate after everything else has been dealt with'.

newlywed

What happens if the Executor refuses to tell anyone what is in the will, so no one knows who the beneficiaries are?

p00hsticks

newlywed said:

What happens if the Executor refuses to tell anyone what is in the will, so no one knows who the beneficiaries are?

it depends on whether or not the executor is going to need to obtain probate to deal with the estate (for example, to sell property). If they are, then they'd need to lodge a copy of the will with the probate office, after which the contents become public knowledge.

If probate isn't required, then in reality in this country, I think there's very little one can do if an executor decides not to reveal the contents of (or even destroy) the will unless you are prepared to take  the person to court.

Goose_Grass

p00hsticks said:

Goose_Grass said:

If you aren't a residual beneficiary nor are acting in a capacity for one, but rather are a concerned bystander, then I don't believe that there is much officially that you can do.

There is a middle case, where you are neither a residual beneficiary nor a 'concerned bystander' but rather a named beneficiary of specific items and/or sums of money.
I would imagine that - in a way - providing that they are confident of the contents of the will, such a person would be more difficult for an executor to ignore, as it's more difficult to dispute 'Aunt Lucy's collection of china cats' or 'the sum of £5000' than it is 'whatever's left over from the estate after everything else has been dealt with'.

True, @p00hsticks .  The link I found implies that only residual beneficiaries have the right to accounts because any activity can reduce their share, which is not true for a beneficiary expecting a set value as long as the estate stays solvent.  This rings a bell in terms of advice about leaving amounts but not percentages to charities. But I could be over-interpreting what I read.

Without sight of the the will and/or accounts the OP is left with suspicions but not much more.  (Residual) beneficiaries at least have the right to access the latter, so that would seem a place to start if no one but the executor has a copy of the former.

Perhaps the OP will return to confirm these important missing details.

Bag_o_Bones

Thanks to everyone for their time writing, it's very much appreciated. I have no idea who is the residual beneficiaries are but I have a feeling it'll be the Executor. It really is difficult as all the beneficiaries and the Executor are family. 

Goose_Grass

A residual beneficiary is anyone entitled to a percentage of the estate - as opposed to a legacy beneficiary, who is entitled to a specific item or amount of money.  The proper order for executors to follow when distributing the estate is: (1) paying debts owed and expenses incurred (e.g. funeral costs), (2) then legacy and lastly (3) residual beneficiaries. 

The executor could have both legacy (e.g. a vehicle) and residual (i.e. X% of the estate) entitlements, as could anyone else in your family, including you.

Nothing posted here so far suggests to me that you can force the executor to show you the will without starting a legal process, which would be expensive. 

Perhaps you have a better relationship with another family member, whom you could talk to about this.  Perhaps they know more about the will, or are better placed to ask the executor about it. 

Bag_o_Bones

Goose_Grass said:

A residual beneficiary is anyone entitled to a percentage of the estate - as opposed to a legacy beneficiary, who is entitled to a specific item or amount of money.  The proper order for executors to follow when distributing the estate is: (1) paying debts owed and expenses incurred (e.g. funeral costs), (2) then legacy and lastly (3) residual beneficiaries. 

The executor could have both legacy (e.g. a vehicle) and residual (i.e. X% of the estate) entitlements, as could anyone else in your family, including you.

Nothing posted here so far suggests to me that you can force the executor to show you the will without starting a legal process, which would be expensive. 

Perhaps you have a better relationship with another family member, whom you could talk to about this.  Perhaps they know more about the will, or are better placed to ask the executor about it. 

Which in a nutshell is what has evolved as the only remaining course of action. 
Thanks for your help everyone, it's a salutary lesson in estate planning and worth mentioning that even if you think you have not enough to be a fuss after your death - think again. B-O-B