Executor - how to 'oblige' parties to hand over info and items?

WIAWSNB

Hi. Not me, but a friend.

She's the executor of a late-friend's estate. She's getting all the info together to apply for probate, but it's become clear that there are some folk who have had dealings with the deceased - loans, and suchlike - and others who have possessions that they took from the deceased's house that they shouldn't, but reckon they 'could' - and my friend needs to apply proper pressure on them to comply and hand it over.

Yes, my friend can hand this over to a solicitor, but there isn't the slush fund to do this easily. Yes, the money should be recoupable from the estate, but that's way down the line. I think my friend is capable of, and has the time to, sort this themselves; they just need to know how.

To clarify, the loan in question is official, but the recipient is being coy with answers, saying, 'Talk to my solicitor'. The items taken are by the deceased's family, and they reckon they have the right - they don't, as they were estranged, with zero provision in the will.

A solicitor would obviously know what court orders and injunctions and whatever to fire out, so this information must be 'out there'.

Anyone know, and done this?

Please, only actual information if one has it, and not speculation.

Many thanks.

lincroft1710

Can your friend prove that items have been taken by family and who took what? Because if she can't, she's wasting her time. She would have to take out an injunction against each family member she believes has taken an item

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/961398/n16a-eng.pdf

is the form she would need to complete in each case


But really she should seek legal advice as to the viability of doing this

tls123

Surely goods taken by parties without rights to them is theft? Have these been reported to police? I’m guessing the executor has asked for them to be returned without results did they formally write to the parties with a timescale for their return?. How can a loan be proper but answers  coy sorry it’s either a genuine loan or not. If the loan is in doubt because the proof is insufficient then as executor they make the decision not to pay it you don’t need a solicitor to determine that unless facts are missing. 

tls123

https://lawhive.co.uk/knowledge-hub/wills-trust-probate/how-to-prove-inheritance-theft/#:~:text=Penalties%20for%20inheritance%20theft%20can,compensation%20to%20the%20rightful%20beneficiaries.

p00hsticks

tls123 said:

Surely goods taken by parties without rights to them is theft? Have these been reported to police? 

No personal experience, but I seem to recall a thread with someone in a similar position in the past where they said that the police weren't at all interested as they (rightly or wrongly) considered it an internal family dispute rather than  a crime. 

WIAWSNB

Thank you.

Cheers, Lincroft & tls - that appears to be the sort of thing.

As for the 'police' angle, no, they are unlikely to become involved unless it's a very clear-cut case, such as, say, removing the deceased's car from their garage. For smaller items removed from the house, they are unlikely to entertain pursuing it if the miscreant claims something like, "They promised it to me!", or, "It was mine - I'd loaned it to them!"

Voyager2002

Maybe make your own estimates of the value of the items and loan, and make it clear that these figures will be used when calculating deductions from any cash the beneficiaries will later receive.

Mands

WIAWSNB said:

Hi. Not me, but a friend.

She's the executor of a late-friend's estate. She's getting all the info together to apply for probate, but it's become clear that there are some folk who have had dealings with the deceased - loans, and suchlike - and others who have possessions that they took from the deceased's house that they shouldn't, but reckon they 'could' - and my friend needs to apply proper pressure on them to comply and hand it over.

Yes, my friend can hand this over to a solicitor, but there isn't the slush fund to do this easily. Yes, the money should be recoupable from the estate, but that's way down the line. I think my friend is capable of, and has the time to, sort this themselves; they just need to know how.

To clarify, the loan in question is official, but the recipient is being coy with answers, saying, 'Talk to my solicitor'. The items taken are by the deceased's family, and they reckon they have the right - they don't, as they were estranged, with zero provision in the will.

A solicitor would obviously know what court orders and injunctions and whatever to fire out, so this information must be 'out there'.

Anyone know, and done this?

Please, only actual information if one has it, and not speculation.

Many thanks.

How did the family know of the death and gain access to the house if they were estranged?

What is the approximate value of the estate and the value of the goods taken? 

WIAWSNB

Mands said:

How did the family know of the death and gain access to the house if they were estranged?
What is the approximate value of the estate and the value of the goods taken? 

The family was informed by a solicitor who had held an earlier - and superceded - will.

Value of estate? I very roughly guess around £300k. Good taken have very little actual value, but a lot of meaning and information.

I've been told that step one is to achieve grant of probate, and meanwhile to put these folk on notice that they are responsible for holding the items secure until that point, whereupon they will then be claimed as part of the estate. Does that make sense?

Thanks.

Mands

WIAWSNB said:

Mands said:

How did the family know of the death and gain access to the house if they were estranged?
What is the approximate value of the estate and the value of the goods taken? 

The family was informed by a solicitor who had held an earlier - and superceded - will.

Value of estate? I very roughly guess around £300k. Good taken have very little actual value, but a lot of meaning and information.

I've been told that step one is to achieve grant of probate, and meanwhile to put these folk on notice that they are responsible for holding the items secure until that point, whereupon they will then be claimed as part of the estate. Does that make sense?

Thanks.

She can certainly make them aware she is the executor and the items form part of the estate. If she gets a solicitor to write, on her behalf, that might carry more weight. But compelling people to do something they don't want to is a different matter. The police will tell her it's a civil matter and that they won't get involved. 

lincroft1710

WIAWSNB said:

Mands said:

How did the family know of the death and gain access to the house if they were estranged?
What is the approximate value of the estate and the value of the goods taken? 

The family was informed by a solicitor who had held an earlier - and superceded - will.

Value of estate? I very roughly guess around £300k. Good taken have very little actual value, but a lot of meaning and information.

I've been told that step one is to achieve grant of probate, and meanwhile to put these folk on notice that they are responsible for holding the items secure until that point, whereupon they will then be claimed as part of the estate. Does that make sense?

Thanks.

As there is a superseded will, one wonders if the family members may consider challenging the new will just to cause problems. 


If the items the family members allegedly took were of little value why did they bother? And if they were estranged from the deceased, how did they get the keys to the house?