Executors have spent all beneficiaries money and left debt

amayeta · 7 August 2019 at 7:07PM

Hi all
I have just found out today that the executors of my sisters WILL have spent all the money on their legal fees trying to force me to agree to sell the property my sister child is now living in.

They refused to give them any allowance for 7 years saying they had no access to funds. Total lie.
The solicitors involved said that they were not there to advice the beneficiary but only the executors and that they would need to get someone legal representation of their own.

The WILL states that everything should be given to the beneficiary when theybturnef 21 but the executors refused. They were told when the beneficary was 18 that they did not wish to sell the property but wished to return there to live with assistance as they have special needs.
They have emailed them with lots of legal terminology knowing that this will not be understood especially as they knew both parent a child.

I want to remove them as executors before their solicitors feed wiped out any of the money left.
The bank says that because they do not have access to the WILL and they have them as executors that they cannot FREEZE their access.

I have been told that this is now a case of fraud and I have to report it to the police. I am going to do this on Thursday but is their nothing I can do to stop the bank from giving them access to the funds left before they leave the beneficiary in debt?

I can't even find a solicitor to represent the beneficiary who has special needs because it would need to be on a Probono bases.
Can anyone help.
At the moment I am using what little money I have to support the beneficiary as they only get PIP. There has been trouble getting Universal Credit but hoping this will get sorted on Thursday as well.

Oh they refuse to send any accounts or supply receipts when anyone has requested them.

I'm at breaking point and already on antidepressants. HELP

Brynsam · 7 August 2019 at 9:27PM

amayeta wrote: »

Hi all
I have just found out today that the executors of my sisters WILL have spent all the money on their legal fees trying to force me to agree to sell the property my sister child is now living in. Why do you have to agree to this?

They refused to give them who is 'them'?any allowance for 7 years saying they had no access to funds. Total lie.
The solicitors involved said that they were not there to advice the beneficiary but only the executors and that they would need to get someone legal representation of their own. Correct.

The WILL states that everything should be given to the beneficiary when theybturnef 21 but the executors refused. On what grounds - did they give a reason?They were told when the beneficary was 18 that they did not wish to sell the property but wished to return there to live with assistance as they have special needs.
They have emailed them who is 'them'?with lots of legal terminology knowing that this will not be understood especially as they knew both parent a child. Why did the executors want to sell the house at all?

I want to remove them as executors before their solicitors feed wiped out any of the money left. That requires court action.
The bank says that because they do not have access to the WILL give the bank a copy of the will - you can download for £10 from https://www.gov.uk/wills-probate-inheritance/searching-for-probate-recordsand they have them as executors that they cannot FREEZE their access.

I have been told that this is now a case of fraud told by whom?and I have to report it to the police. I am going to do this on Thursday but is their nothing I can do to stop the bank from giving them access to the funds left before they leave the beneficiary in debt? Once you've made the police report, write to the bank to they can be in no doubt as to the issue which concerns you.

I can't even find a solicitor to represent the beneficiary who has special needs because it would need to be on a Probono bases.
Can anyone help.
At the moment I am using what little money I have to support the beneficiary as they only get PIP. There has been trouble getting Universal Credit but hoping this will get sorted on Thursday as well.

Oh they refuse to send any accounts or supply receipts when anyone has requested them. These only have to be supplied to the residual beneficiary - and then only when the administration of the estate has been concluded

I'm at breaking point and already on antidepressants. HELP

Please could you give more information? Your post is quite confusing in parts, not least when you use 'them' or 'they' and it isn't obvious to whom you are referring.

Keep_pedalling · 7 August 2019 at 10:06PM

According to this thread, you own half the house, so I am not sure how your nephew is to get his inheritance if you refuse to sell.

https://forums.moneysavingexpert.com/showthread.php?t=5742998

It sounds like a total mess and I doubt anyone here is going to be of much help without having a much better understanding of this family mess.

Brynsam · 8 August 2019 at 2:13PM

Keep_pedalling wrote: »

According to this thread, you own half the house, so I am not sure how your nephew is to get his inheritance if you refuse to sell.

https://forums.moneysavingexpert.com/showthread.php?t=5742998

It sounds like a total mess and I doubt anyone here is going to be of much help without having a much better understanding of this family mess.

If you own half the house and it isn't your main residence, then there is a potential capital gains tax issue here. Looking at your other thread you say you've signed the necessary transfer forms many times - so why are the executors still taking legal advice about getting you to sell?

None of this makes much sense, particularly when your two threads are taken together.

Why don't you offer to meet the executors and discuss a way forward?

tacpot12 · 8 August 2019 at 2:47PM

The beneficiary needs legal advice. If you had a Power of Attorney for them, you could arrange this yourself, but you don't. The beneficiary may be able to engage a solicitor on a no-win/no-fee basis, but pro-bono would be better. Even if the beneficiary has special needs they may still be able to engage a solicitor if they have mental capacity to do so. If they don't have mental capacity, they need to either make a Power of Attorney if they have the mental capacity to do so, or you can apply for a deputyship.

Given how difficult this has become already, and the impact it is having on you, I think the best option for you is to step back from the case and let others help the beneficiary if they wish to do so. This might leave the beneficiary in a worse financial situation that they might otherwise be in, but they have their benefit income so can live.

Marcon · 8 August 2019 at 9:15PM

Who has told you that this is fraud - and what exactly is the fraud?

According to your other thread, you were trying to transfer ownership of the house (to fail so many times is distinctly odd), so presumably you owned it as a tenant in common with the other party. Why you were prepared to transfer it isn't clear - was your share being bought out, or what?

It is for the executors to decide what happens to the property, not your nephew. If they have had to take repeated legal advice because you've dug your heels in about selling, then it is no surprise that funds are starting to run out. Talk to them, urgently.

The beneficiary doesn't need legal advice because on the basis of what you've said, there is no case for him to win or lose.

amayeta · 9 December 2019 at 5:08AM

My nephew told me that he wanted to move back into the home as he felt safe there. The executors were told this numerous times but they still wanted me to agree for it to be sold.
I did engage a solicitor and proved that I had returned all the paperwork the executors requested via recorded delivery. The refused to send any accounts despite several request even by our legal representative.
So I certainly wasn't digging me heals.
Anyway I've left it up to solicitor now who is equally bemused.as to why they will not send him the accounts.
Thank you for all the replied.

Gavin83 · 9 December 2019 at 1:21PM

So why did they want to sell the property if it was left to the sole beneficiary anyway? Or have I missed something and they aren't the sole beneficiary? It's such an odd situation that I feel there must be an important piece of information missing.

Ultimately if they've abused their position they'll be liable for any costs incurred, not the estate. However we need more information as to why this has happened.

Malthusian · 10 December 2019 at 1:04PM

Gavin83 wrote: »

So why did they want to sell the property if it was left to the sole beneficiary anyway?

The only thing I can think of is that the nephew has attorneys who think it's not in his best interests for him to live with the OP. However the executors are either acting bizarrely or we are missing information as you say.

If the nephew has capacity to make his own decisions, then based on what we know there should be no reason to sell the house. The executors transfer the estate's half to the nephew, the OP keeps their half, they both live in the house until one of them wants to move out and cash in. (At which point the house would have to be sold or the other owner would have to buy their half.)

At present the OP seems to be doing the right thing by leaving it with the solicitor.

Anyway I've left it up to solicitor now who is equally bemused.as to why they will not send him the accounts.

The estate has not yet been concluded so they are not obliged to send the accounts. If he is not a residuary beneficiary of the Will he does not have any right to see the accounts ever. (You have only told us that he has been left the share of the house and not said whether he is a residuary beneficiary.)

Executors have spent all beneficiaries money and left debt

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