Executor's out of pocket expenses

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  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    BobQ wrote: »
    The OP has not been clear about the question being asked. Settling debts (like a Council Tax Bill) or paying for necessary services (eg purchasing death certificates) are NOT expenses.

    The £7500 would be excessive if it covered out of pocket expenses (like a hotel bill, postage, mileage) for a simple estate.
    Shelldean wrote: »
    That's true Mojisola, but I've just included everything we've paid for and need reimbursement for. And even including those our claim against the estate is less than a grand.

    But, as BobQ says, £7500 would be excessive if it was for personal expenses but not necessarily if it included all the costs involved in settling the estate.

    The costs should be labelled differently so that the beneficiaries can assess whether the executor has handled the estate properly.
  • Shelldean
    Shelldean Posts: 2,391 Forumite
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    Mojisola wrote: »
    But, as BobQ says, £7500 would be excessive if it was for personal expenses but not necessarily if it included all the costs involved in settling the estate.

    The costs should be labelled differently so that the beneficiaries can assess whether the executor has handled the estate properly.




    Mojisola,


    trouble is it seems it JUST for personal expenses as OP states in post I've quote below, all other debts are detailed!!!





    Tara* wrote: »
    Thanks all, you've been really helpful.

    BobQ - the executor had a solicitor appointed by my grandmother to assist with the administration. Their costs are detailed and have been taken out of the estate. All debts, including council tax and utilities have been accounted for and deducted from the estate. The out of pocket expenses are not detailed, just random rounded up figures. Also I found out by enquiring with the land registry that the house sold for X but on the accounts it says Y. I assume they have deducted the charges involved in selling the property, but again it is not detailed. I have requested all of the above to be clarified 4 times now, a formal complaint will be made to the solicitors next week.

    No laws to protect residual beneficiaries it seems...
  • BobQ
    BobQ Posts: 11,181 Forumite
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    Tara* wrote: »
    Thanks all, you've been really helpful.

    BobQ - the executor had a solicitor appointed by my grandmother to assist with the administration. Their costs are detailed and have been taken out of the estate. All debts, including council tax and utilities have been accounted for and deducted from the estate. The out of pocket expenses are not detailed, just random rounded up figures. Also I found out by enquiring with the land registry that the house sold for X but on the accounts it says Y. I assume they have deducted the charges involved in selling the property, but again it is not detailed. I have requested all of the above to be clarified 4 times now, a formal complaint will be made to the solicitors next week.

    No laws to protect residual beneficiaries it seems...

    I think there are but you need to consider legal action to enforce them. There are no rules on what these accounts must contain. A residual beneficiary is entitled to proper accounts of expenditure if they want them. Given what you say you ought to consult a solicitor if the sums involved warrant it.

    If the deceased left any share of the residue to a charity they can be quite aggressive in checking the accounts (see charity websites).
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • BobQ
    BobQ Posts: 11,181 Forumite
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    Shelldean wrote: »
    Mojisola,


    trouble is it seems it JUST for personal expenses as OP states in post I've quote below, all other debts are detailed!!!

    That was Mojisola's point. The original post was not clear.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • Tara*_2
    Tara*_2 Posts: 32 Forumite
    Thanks for the advice everyone. Sorry if my initial post was not clear.

    I have sent a formal complaint to the solicitor as I believe they have not followed the principles set out in the SRA. I will see where that gets me.

    Out of interest, should the solicitor questioned the out of pocket expenses? I'm just trying to work out if the solicitor did not do what they were paid to do, and ensure everything was accounted for?
  • BobQ
    BobQ Posts: 11,181 Forumite
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    Tara* wrote: »
    Thanks for the advice everyone. Sorry if my initial post was not clear.

    I have sent a formal complaint to the solicitor as I believe they have not followed the principles set out in the SRA. I will see where that gets me.

    Out of interest, should the solicitor questioned the out of pocket expenses? I'm just trying to work out if the solicitor did not do what they were paid to do, and ensure everything was accounted for?

    Difficult to say. If they are not the Executor then they are appointed by the Executor to do a job. While they might have offered the Executor some advice if asked, they only needed to do the job they were paid to do.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
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