8 years to finalise...

MiniSwole99

Im a residue beneficiary of my grandparents will. They both sadly passed in 2016 and only now the estate is being settled.
After several requests of the will file and ongoing estate accounts, the main executor has not been forthcoming with information or communications and I have concerns over the accuracy of the estate accounts. The executor did not employ a solicitor and has written in the poorly written 'final' estate accounts he is due 118k in expenses.
I have been told that my share is all that is left in the savings account set up for the estate but before I accept this, I have asked for the full detailed accounts, but have still not had these.

3 questions to begin:
If I was to take my share, would this be the end of it and remove my right to persue anything legally against the executor later on? 

This was not a complex estate to handle, am I within my rights to expect the main executor as having lost the estate money (because of cgt, his potential expenses - council tax, utilities, insurance etc), can he be personally liable to the losses had by the estate being held for so long?

In the last response to questioning the accounts, he has informed me of a potential secondary document that means if any beneficiary contests the way the executors have dealt with the estate, they can redistribute the contestants share to the rest of the beneficiaries. Is this allowed or even legal? I was not provided with this letter to be made aware of this. Also does this allow them to do whatever they like and we have to put up and shut up?

Once I am allowed to on this forum, I will upload any public documents that may be of help if you have any related questions.

Thanks in advance

Flugelhorn

118k??? his expenses or estate expenses?

Keep_pedalling

What he is telling you about the secondary document utter rubbish, and for a lay executor the expenses are criminal. I would imaging if there was a property involved and it took 8 years to sell there would be substantial expenses for things like house insurance and council tax, but it would still come to no where near £118k and a lay executor cannot claim expenses for their time.

You are entitled to to a full set of accounts including a breakdown of his ‘expenses’ so I would request that this is provided to you without further delay. 

There is nothing stopping you taking what is left of your inheritance and then following it up by taking legal action against the grossly incompetent executor, frankly they should have been removed years ago. Have you had any reason it has taken so long?
 

MiniSwole99

I have been asking for detailed accounts breakdown to understand them but they are being delayed because he is waiting for a response from his solicitor that he is only now seeking advice from. I dont understand why i cant be given the same set of records he gave the accountant that wrote up the accounts ive been given...

There were various reasons for the delays, including Covid, estate agent advice not to sell the property and a period of illness. I can accept the illness part but not Covid or the estate agent advice.

If the other bequests have already been distributed but the estate is not fully settled, can all the bequests be subject to any further estate costs or will it just be mine?
Or would the executor be liable for the further costs also?

Keep_pedalling

MiniSwole99 said:

I have been asking for detailed accounts breakdown to understand them but they are being delayed because he is waiting for a response from his solicitor that he is only now seeking advice from. I dont understand why i cant be given the same set of records he gave the accountant that wrote up the accounts ive been given...

There were various reasons for the delays, including Covid, estate agent advice not to sell the property and a period of illness. I can accept the illness part but not Covid or the estate agent advice.

If the other bequests have already been distributed but the estate is not fully settled, can all the bequests be subject to any further estate costs or will it just be mine?
Or would the executor be liable for the further costs also?

Estate expenses come out of the residual estate so I am afraid it all comes from your inheritance. The executor sounds like a total incompetent idiot, and I would seriously think about seeing him for the loss he has caused you.

Puddings

Oh goodness, I would definitely want to understand where £118k had gone. I was executor of my grans estate, it was very simple though, and I put through costs of £800 which covered costs of death certificates, some postage costs, actual cost of petrol and the cheapest hotel I could find when I needed to be local - she lived 300 miles away. I was super paranoid about making sure I did everything right. I was not a beneficiary. 

RAS

The cost of probate via a solicitor can be a percentage. But a solicitor using legal execs should be able to do this for less than £20k, plus £2-3k for the house.

Flugelhorn

Puddings said:

Oh goodness, I would definitely want to understand where £118k had gone. I was executor of my grans estate, it was very simple though, and I put through costs of £800 which covered costs of death certificates, some postage costs, actual cost of petrol and the cheapest hotel I could find when I needed to be local - she lived 300 miles away. I was super paranoid about making sure I did everything right. I was not a beneficiary. 

absolutely - I helped with the admin of a relative's estate, we paid for house clearance, some utility bills and the funeral   - we kept everything to a minimum and actually didn't claim for travel (though probably could have done)

MiniSwole99

Going forward, can anyone explain what this means in regards to a right of way access on the land as this will help me understand if the right of way access is still present today or not.

"EXCEPT AND RESERVING unto the Vendors and

their successors in title until such time as he or they

shall sell or otherwise dispose of the land at the

rear of the property hereby conveyed when the

same shall cease immediately a right of way for all

purposes and at all times over and along the Eight

feet wide piece of land shown coloured green on

the said plan"

Also what is a 'Registered Charge"?
Thanks in advance

saajan_12

What else was involved in the estate - were there offshore accounts that needed tracking, significant property and large businesses that needed winding in? £118k is ridiculous in expenses. I heard (maybe read on here?) an executor expecting their living costs in the property since they need to live while executing the estate.. maybe the executor in your case is similarly delusional! 

MiniSwole99

There were no additional bank accounts off shore or property overseas or any businesses. Only one property that my grandparents lived in which had a mortgage in only the low 10s of thousands and it is close to London, so had good commuting prospect.
But he didnt live there, he lives over 200 miles away from the property, close to me so would have saved on hotels by staying at the property while sorting through things but i cant see the travel expenses being so costly only travelling when he could afford to (in both time and money) over the last 8 years...