We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Executors gone silent

Abcynthia
Abcynthia Posts: 245 Forumite
Part of the Furniture 100 Posts Combo Breaker
edited 14 September 2018 at 4:21PM in Deaths, funerals & probate
Nevermind.
«1

Comments

  • You need to edit this post down to the key points, most people will give up reading as it is far too long. If specific facts are required people will ask for them.

    The executors are obliged to act according to the will, what the deceased may have said whilst alive is irrelevant. Do you have concrete evidence of them not adhering to the terms of the will?
  • elsien
    elsien Posts: 37,155 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You need to edit this post down to the key points, most people will give up reading as it is far too long. If specific facts are required people will ask for them.

    The executors are obliged to act according to the will, what the deceased may have said whilst alive is irrelevant. Do you have concrete evidence of them not adhering to the terms of the will?

    I believe part of the issue is that the OP has not been able to get a copy of the will to see what it says.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • elsien wrote: »
    I believe part of the issue is that the OP has not been able to get a copy of the will to see what it says.

    I must have dozed off by that point!
  • Thank you for being so helpful in such an upsetting time. It's really appreciated. One minute people on forums accuse you of drip feeding, then you give far too many details.
    I think when you are dealing with people who have lost loved ones it would be appreciated not to be so rude.
  • Apologies to the OP for my second post which I now regret, as I can understand why this may have been upsetting.


    I stand by my first reply suggesting you edited your post to the relevant facts only, as this would have increased the chances of you receiving good advice regarding the situation, which presumably is why you posted in the first place.
  • Flugelhorn
    Flugelhorn Posts: 7,569 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I understand that the OP needs some advice, it is a complicated story. Very upsetting when there are family members who "take over" in dealing with property and ashes etc.

    Sorry I was reading the post and then got called away and when I refreshed the page to see if there were any comments, the original post had gone.
  • Flugelhorn wrote: »
    I understand that the OP needs some advice, it is a complicated story. Very upsetting when there are family members who "take over" in dealing with property and ashes etc.

    Sorry I was reading the post and then got called away and when I refreshed the page to see if there were any comments, the original post had gone.
    The post was very muddled and difficult to understand. From what is said I doubt anyone on here could really help much.q
  • TcpnT
    TcpnT Posts: 286 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    The post was very muddled and difficult to understand. From what is said I doubt anyone on here could really help much.q

    I read the full post earlier and though it was lengthy it the meaning and queries were clear enough.

    To precis: The OP's father (or stepfather) had recently died. He lived in a rented house and had few assets other than a collection of "collectible" toys - mainly Lego sets of some kind which the OP believed had some value. During his lifetime he had said that the collection and his other assets should be split between the OP and her 18 year old sister.

    There was a will and the Executors were the father's two sisters and a solicitor. Relation between the father's sisters and the OP and her sister were not good but at the funeral they had been told that the collection and personal items would come to them as promised.

    Sometime later they received some money from the father's pension scheme but no mention of the collection and personal items. Things dragged on for months until eventually the Executor sisters informed them that everything had been sold or disposed of to pay for the funeral and they would be receiving nothing further.

    Op's younger sister was very distressed by this and the main question was what could they do about this. They wished to see the will to find out if the items had been specifically mentioned but had not had the opportunity. They had done a probate search and found nothing. They did not know which solicitor was a joint Executor.

    Op - is that a fair summary?

    Unfortunately I think your options are very limited. If you are not an executor you have no right to see the will unless it becomes public due to probate being granted.

    It the father's assets were very limited and no property was involved it may well be that probate was not required to deal with the estate so the will will never become public.

    If the Executor sisters have disposed of the collection and personal effects there is very little chance of getting hold of them.

    The only positive I can see is that if one of the executors was a solicitor rather than a family member you can be more certain that the terms of the will were fairly actioned - that's unless they were asked to renounce of course.

    As for the ashes unless there's anything specified in the will it is up to the executors what happens with them.
  • SeniorSam
    SeniorSam Posts: 1,674 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 14 September 2018 at 9:21PM
    I believe that anyone can obtain a copy of the Will by application to the appropriate office, particularly as family members. In this case it would seem that as some pension has been already paid, then they were probably named beneficiaries. Perhaps the pension company may give a lead?

    The copy should then show the beneficiaries and the Executors. From there, contact can be made with the solicitors to ask for information. In the event of the sisters not being named in the Will, the solicitors have no obligation to help.
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • unforeseen
    unforeseen Posts: 7,448 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    SeniorSam wrote: »
    I believe that anyone can obtain a copy of the Will by application to the appropriate office, particularly as family members. In this case it would seem that as some pension has been already paid, then they were probably named beneficiaries. Perhaps the pension company may give a lead?

    The copy should then show the beneficiaries and the Executors. From there, contact can be made with the solicitors to ask for information. In the event of the sisters not being named in the Will, the solicitors have no obligation to help.

    Only if it has gone to probate
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.4K Banking & Borrowing
  • 254.1K Reduce Debt & Boost Income
  • 455K Spending & Discounts
  • 246.5K Work, Benefits & Business
  • 602.8K Mortgages, Homes & Bills
  • 178K Life & Family
  • 260.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.