What steps to take next if executor is not distributing will correctly

swingaloo

I have posted regarding this issue a while ago but now need more advice so rather than repeat the whole saga I will just  give the relevant parts I need help with.

There was just one executor. They sold the mothers property in Spain and distributed the proceeds between the persons named on the will.

The will states the property and all monies to be distributed equally.

The executor kept quiet about a bank account which had £41,000 in and it was only discovered when one of the beneficiaries got a copy of the probate.

The executor has refused to distribute this money claiming it as money they had leant the mother but no proof of this has been forthcoming.

What steps should now be taken to force the executor to distribute the money? Some of the beneficiaries want to let it go to avoid a family fall out where others are furious and want their share as the will stipulates.

Keep_pedalling

The only option is to let it go or take legal action against them. Legal action will be expensive for all concerned and if there are several beneficiaries we are probably talking quite a small amount each so they will need to way up if it is really worth it.

Nearlyold

You could probably get a Solicitor to write a letter pointing out the legal position perhaps threatening to take the matter to the High Court which might have some effect but often doesn't.

twopenny

Yes it's wrong but to prove it will cost money.
41,000 divided between several less the cost of pursuing it through a solicitor.

Could you perhaps ask at a couple of solicitors offices how much it may cost?
May involve court so you could end up spending more than you get
was a solicitor involved at any stage of the process? They should have overseen the complete execution was correct.

Who paid the cost of the house sale? Getting it ready, removal of personal property etc.

swingaloo

twopenny said:

Yes it's wrong but to prove it will cost money.
41,000 divided between several less the cost of pursuing it through a solicitor.

Could you perhaps ask at a couple of solicitors offices how much it may cost?
May involve court so you could end up spending more than you get
was a solicitor involved at any stage of the process? They should have overseen the complete execution was correct.

Who paid the cost of the house sale? Getting it ready, removal of personal property etc.

The beneficiaries paid between themselves, they were not aware there was money already in the bank so all sent the executor cash to cover the expenses.

It seems a sad state of affairs when an executor can just choose to dishonestly withhold money which should be shared and there be no recourse unless a beneficiary has thousands to fight for it. What is to stop any executor doing the same thing and lining their own pockets without any fear of reprisal?

Brie

swingaloo said:

It seems a sad state of affairs when an executor can just choose to dishonestly withhold money which should be shared and there be no recourse unless a beneficiary has thousands to fight for it. What is to stop any executor doing the same thing and lining their own pockets without any fear of reprisal?

Sadly it happens all the time.  And sometimes it's doing things that others look at as unfair rather than actually doing something possibly illegal. 

Long ago and far away - my 2 aunts were executors on my grandparents' wills and paid themselves an hourly rate for doing any work on selling the house etc.  And didn't notify siblings of when all the household goods were to be auctioned so my mom only found out about this by chance and was able to get to the auction just as it was starting to grab a few things as keepsakes.  But all the jewellery and war medals had already been taken by the aunts.