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Executor refuses to show bank statements

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
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earlycomputersearlycomputers Forumite
28 posts
edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
Long story but the executor (who happens to be a solicitor) of my late father's estate is refusing to show any of the beneficiaries of the estate the bank statements of the estate residuary fund, claiming that he has `never been asked to do this and doesn't want to start doing it now'. We didn't ask for formal accounts to be prepared, - simply screen shots or pdf's produced for free on the bank's website. He has acted highly unprofessionally on many counts over the last few years since my father's passing and is indeed resigning from his executor position (thank god). But we suspect that he has been missaapropriating the account's funds (at best) or outright stealing from it (at worse), but without the statements we can't prove it. When I called the bank they said I would need a solicitor to request the statements. So my questions are:
- How much would it cost to get a solicitor to request the statements on average?
- Would it be cheaper to get a court to request the statements?
- if it transpires that this executor has stolen funds, how much on average would it cost to take him to court?


The reason I am asking is that there is apprently no money left in the bank account and so I need to assess how much we could be out of pocket in the course of getting some answers/justice.
many thanks

Replies

  • FlugelhornFlugelhorn Forumite
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    is there another executor or is anyone taking over ? or is he simply finishing in his role as he feels that there is nothing more to do?

    If there are residuary beneficiaries I think they are entitled to see the estate accounts
  • Keep_pedallingKeep_pedalling Forumite
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    No one here can answer those questions. Going by your other threads regards this estate you are involved in something as complicated as Jarndyce and Jarndyce, so you need to take yet more legal advice if you want to pursue this.

    An executor is required to provide estate accounts (which you say you have not asked for) but they are not under any obligation to provide several years of bank statements unless ordered by a court to do so.
  • Yes he is the only executor unfortunately and no one else is taking over. Yes we did ask him to provide statements but he is refusing. he has provided us with a homemeade spreadsheet file with the account balance a few years ago but has never produced any details of the actual account or any documentation produced by the bank.
  • Keep_pedallingKeep_pedalling Forumite
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    Yes he is the only executor unfortunately and no one else is taking over. Yes we did ask him to provide statements but he is refusing. he has provided us with a homemeade spreadsheet file with the account balance a few years ago but has never produced any details of the actual account or any documentation produced by the bank.

    If no one takes over how are you going to finally wind up the estate? Or has it actually already been wound up and you are simply been left with a mess over the DoV and final accounts?
  • getmore4lessgetmore4less Forumite
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    Is he part of a firm?

    Chances if he is doing it to one he is doing to others.

    if you get enough evidence the SRA should pick it up.

    In Norfolk there was this case started a couple of years back.

    http://www.sra.org.uk/consumers/solicitor-check/107553.article
  • My questions are around the cost of pursuing this/finding out the bank statements - anyone have any idea on the ball park figure for getting the statements via a solicitor etc? The executor is not part of a firm. Thanks for the link getmore4less. many thanks
  • DigForVictoryDigForVictory Forumite
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    Is this solicitor still registered with any professional body who could be asked to investigate? With retirement imminent, they may well not find anything but any startling misdemeanours & he won’t leave but be flung.
  • Keep_pedallingKeep_pedalling Forumite
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    Is he part of a firm?

    Chances if he is doing it to one he is doing to others.

    if you get enough evidence the SRA should pick it up.

    In Norfolk there was this case started a couple of years back.

    http://www.sra.org.uk/consumers/solicitor-check/107553.article

    I got the impression from previous posts that although the executor happens to be a solicitor they may not be acting in a paid capacity as executor. If I am wrong hopefully the OP will clarify this.

    The fact this has dragged on for years seems to be down to an ill devised DoV the beneficiaries signed, who came up with that idea is not clear, something else the OP could clear up perhaps.
  • TBagpussTBagpuss Forumite
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    I am not convinvec that a bank will release statemetns even if asked to by a soliciotr, unless they have the authorty of the persona entitled to the statemetns.

    So if they executor is prepared to sign a form of authority to allow the bank to relases statements to you or your solicitor, then that may do it, but if not, just because it is a solicitor asing isn't likely to change anything.

    If you really think that the exsecutor has misappropriated money then it may be that you need to raise that with the police, at which pooint it would presumably be in his interests to provide the statemetns to prove that he had not done so
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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