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    • YoungBlueEyes
    • By YoungBlueEyes 6th May 18, 11:25 PM
    • 375Posts
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    YoungBlueEyes
    Executor availability.
    • #1
    • 6th May 18, 11:25 PM
    Executor availability. 6th May 18 at 11:25 PM
    Hello all.

    I have a question but I can't find an answer online so I'm hoping you can help.

    My question is this - for how long must an executor be available to beneficiaries for their complaints and issues?

    Is it an indefinite duty? Does it end when the estate is wound up? Is it for x months after probate, or the death or...?

    Context - Father died Nov 11th last year, probate granted Jan 15th this year. Me and sis are executors. 2 beneficiaries are unhappy, there's all kinds of mud-slinging and insults coming my way. Estate is wound up, we all 4 accepted our inheritance. My specialist solic is so far responding to their personal emails (they haven't made any complaints through legal channels, nor do they have a solic), but it's costing me a bunch of money each time.

    So can I tell my solic to stop responding unless it comes from their solic, if they get one? If they then go back to sending abusive texts or calls am I allowed to block and delete them?

    I would appreciate any advice or thoughts please
Page 1
    • Brynsam
    • By Brynsam 6th May 18, 11:30 PM
    • 1,573 Posts
    • 1,140 Thanks
    Brynsam
    • #2
    • 6th May 18, 11:30 PM
    • #2
    • 6th May 18, 11:30 PM
    Probably better to raise the question with your solicitor, who by now must be familiar with this sorry tale. It won't cost much to ask the question and get his/her opinion about how best to proceed and whether to stop responding. Much will depend on the nature of their complaints and the likelihood they will try to take things further.
    • YoungBlueEyes
    • By YoungBlueEyes 6th May 18, 11:37 PM
    • 375 Posts
    • 423 Thanks
    YoungBlueEyes
    • #3
    • 6th May 18, 11:37 PM
    • #3
    • 6th May 18, 11:37 PM
    I'm going to ring him on Tuesday, I was hoping someone here would know the answer so I could stop worrying about it.

    I was keeping my fingers crossed for a "it's probate plus 6 months" type answer..

    Edit: I'd say they're very unlikely to take things further. The issues they're unhappy with now have been bandied about since the day daddy died. I've done nothing wrong so I'm not worried, but I don't want to have be legally obliged to put up with all this b0ll0x for the next 5 years or whatever.
    Last edited by YoungBlueEyes; 06-05-2018 at 11:41 PM.
    • Brynsam
    • By Brynsam 7th May 18, 1:06 AM
    • 1,573 Posts
    • 1,140 Thanks
    Brynsam
    • #4
    • 7th May 18, 1:06 AM
    • #4
    • 7th May 18, 1:06 AM
    I'm going to ring him on Tuesday, I was hoping someone here would know the answer so I could stop worrying about it.

    I was keeping my fingers crossed for a "it's probate plus 6 months" type answer..

    Edit: I'd say they're very unlikely to take things further. The issues they're unhappy with now have been bandied about since the day daddy died. I've done nothing wrong so I'm not worried, but I don't want to have be legally obliged to put up with all this b0ll0x for the next 5 years or whatever.
    Originally posted by YoungBlueEyes
    Not that sort of answer, I'm afraid - but it may be worth getting your solicitor to write one final letter saying you regard the correspondence as closed. It won't stop them contacting you but if you stand firm and resist the temptation to enter into any correspondence/refute what they are alleging, they will get the message...ultimately.
    • Flugelhorn
    • By Flugelhorn 7th May 18, 7:43 AM
    • 964 Posts
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    Flugelhorn
    • #5
    • 7th May 18, 7:43 AM
    • #5
    • 7th May 18, 7:43 AM
    I would be very tempted to block their phone number to avoid getting calls. I would suspect that the fact they have accepted the money comes down less to the money side of things and more to the other unresolved grumbles in life
    Last edited by Flugelhorn; 07-05-2018 at 8:21 AM.
    • lukewarn
    • By lukewarn 7th May 18, 11:07 AM
    • 15 Posts
    • 34 Thanks
    lukewarn
    • #6
    • 7th May 18, 11:07 AM
    Take no action....
    • #6
    • 7th May 18, 11:07 AM
    I would stop all communication with everybody,including your 'specialist' solicitor.

    You have fulfilled your executor duties - estate distributed,beneficiaries have cashed their cheques.

    Change your telephone number and block them on your email account.

    Why are you bothering still spending money with a solicitor ? He is only interested in one thing - getting as much of your money as possible

    The only option open to the vexatious beneficiaries is court action and you will probably find (as I did) that they will not have a leg to stand on and the judge will give them short shrift.

    So, in short do nothing.Don't even bother telephoning your solicitor as the only certainty is that he will charge you more money for another phone call.

    Have faith,you have done your bit - call their bluff and let them start spending some of their money.They won't spend anything and soon get bored with it all and quietly go away.

    I went through all this nonsense for over 20 months and the best thing I did was in not responding at all - they soon get the message that they are wasting their time.
    • buildersdaughter
    • By buildersdaughter 7th May 18, 12:09 PM
    • 219 Posts
    • 526 Thanks
    buildersdaughter
    • #7
    • 7th May 18, 12:09 PM
    • #7
    • 7th May 18, 12:09 PM
    Did your solicitor do the probate, or did you and your sister do it yourselves?
    I would double check with your solicitor that you got it right, and then follow the advice above.
    What a shame you have to be dealing with this.
    • YoungBlueEyes
    • By YoungBlueEyes 7th May 18, 10:19 PM
    • 375 Posts
    • 423 Thanks
    YoungBlueEyes
    • #8
    • 7th May 18, 10:19 PM
    • #8
    • 7th May 18, 10:19 PM
    Thank you everyone.

    I'll do the one last letter thing, then call it a day. Ignore all the way.

    Our family solic did the probate. We just swore oathes, answered a few questions for the IHT bit and paid the bill. I actually didn't know then that we could do it ourselves, but there was so much else going on it would've been the straw that broke the donkey's back tbh.
    • maximumgardener
    • By maximumgardener 7th May 18, 10:32 PM
    • 286 Posts
    • 122 Thanks
    maximumgardener
    • #9
    • 7th May 18, 10:32 PM
    • #9
    • 7th May 18, 10:32 PM
    as I understand it...if you are an executor then it is "for life"
    • Savvy_Sue
    • By Savvy_Sue 8th May 18, 1:10 AM
    • 39,030 Posts
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    Savvy_Sue
    as I understand it...if you are an executor then it is "for life"
    Originally posted by maximumgardener
    Nothing changes the fact that you were executor for X's estate, but once you've obtained probate and paid the beneficiaries, I'd say your duty was done. Of course someone might come after you years later for unpaid debts, but if the solicitor was doing probate on your behalf, they'd know if you'd done it right or not!

    Who's now paying the solicitor? If it's no longer coming out of the estate, you want to knock that on the head pronto!
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    • YoungBlueEyes
    • By YoungBlueEyes 8th May 18, 8:50 PM
    • 375 Posts
    • 423 Thanks
    YoungBlueEyes
    The specialist solic is my bill, cos they're coming after me personally. He's doing a final letter, sending me a bill and closing the account, so to speak. If they want to continue with their nonsense they'll have to put their hands in their pockets!

    Re how long for an executor - you'll always have been an executor, but once the estate is wound up your duties are done. He said again about the probate+6months thing. Once they can no longer contest the will (which doesn't apply to me cos they've given up with that now they have a new drum to bang) then executors duties are 'discharged'. It doesn't stop all the other fallacious angry bullsh1te, but none of that relates to executorship. He wouldn't offer a legal opinion on the block and delete idea. But I'll be doing it anyway.
    • lukewarn
    • By lukewarn 9th May 18, 10:08 AM
    • 15 Posts
    • 34 Thanks
    lukewarn
    "He wouldn't offer a legal opinion on the block and delete idea...."

    Exactly

    He would not be interested in anything where he could not make any money - it is all a big confidence thing designed to frighten you and worry you into reacting.

    If you think about it,doing absolutely nothing is a great response as it does a number of (for you) very positive things:

    1. You are totally ignoring them - the ultimate insult.
    2 .It is not costing you a penny.
    3. You are not 'fuelling the fire 'of their frivolous complaints.
    4. You are not giving them anything to go on and they are left feeling helpless and powerless.
    5. They get the message that 'you aint bothered' and they will eventually run out of steam and go away.

    So,it is a win win situation for you.

    The key thing is for you not to let the to$$ers worry you into responding.

    I always laugh when solicitors respond to non replies by saying 'I have not yet had the courtesy of a reply !"

    What they are really saying is "you ba$stard you are not giving me anything to go on."

    Ha ! got you.
    Last edited by lukewarn; 09-05-2018 at 10:12 AM. Reason: Extra info
    • macman
    • By macman 9th May 18, 12:24 PM
    • 42,677 Posts
    • 17,952 Thanks
    macman
    You can block or delete whoever you wish to. Although evidence of abusive communications might be useful at a later stage.
    No free lunch, and no free laptop
    • Malthusian
    • By Malthusian 9th May 18, 1:01 PM
    • 4,648 Posts
    • 7,429 Thanks
    Malthusian
    He wouldn't offer a legal opinion on the block and delete idea. But I'll be doing it anyway.
    Originally posted by YoungBlueEyes
    There's very little to give a legal opinion about. "I have nothing further to say and am blocking your number. If you wish to correspond further, ask your solicitor to write to me."

    You are not running any legal risks, e.g. the possibility of a default judgment, by blocking their emails / phone. If they do decide to take you to court, they will have to serve you with court documents in the post, which you can't block and will still get. Only if you ignored those documents would you be running any kind of legal risk.
    • YoungBlueEyes
    • By YoungBlueEyes 9th May 18, 8:03 PM
    • 375 Posts
    • 423 Thanks
    YoungBlueEyes
    Macman - good point about keeping them as proof, I didn't think of it that way. Block and delete seems knee-jerk now!
    Malthusian - good point about anything legal will come through the post.

    I'm perhaps being over-cautious, but I don't want to make a fundamental mistake now after all this time.

    Spec solic rang me this morning. He's doing the final letter, send me a bill, account closed thing. He's going to say that from a legal perspective this matter is closed, no further personal correspondence will be read and if it's a letter (it's emails so far) it will be returned to them/her unopened. He'll keep my file til July 16th (probate + 6 months is July 15th) in case they do actually go and get proper legal advice. If we get something proper through the post in that time then he's good to go again if I need him to.

    The 'all equal daughters get an equal share Inheritance Act' claim is only doable til July 15th. But if they wanted to bring a Constructive Trust claim then they've got 6 YEARS! But that's extremely rare and exceptionally hard to prove he said. "I'm only telling you about it cos you're paying me to give you all the options."

    So I'll just wait to hear something official - back to who blinks first, again.

    Thanks everyone, you're all an absolute god-send!
    • Yorkshireman99
    • By Yorkshireman99 9th May 18, 8:25 PM
    • 4,497 Posts
    • 3,723 Thanks
    Yorkshireman99
    Macman - good point about keeping them as proof, I didn't think of it that way. Block and delete seems knee-jerk now!
    Malthusian - good point about anything legal will come through the post.

    I'm perhaps being over-cautious, but I don't want to make a fundamental mistake now after all this time.

    Spec solic rang me this morning. He's doing the final letter, send me a bill, account closed thing. He's going to say that from a legal perspective this matter is closed, no further personal correspondence will be read and if it's a letter (it's emails so far) it will be returned to them/her unopened. He'll keep my file til July 16th (probate + 6 months is July 15th) in case they do actually go and get proper legal advice. If we get something proper through the post in that time then he's good to go again if I need him to.

    The 'all equal daughters get an equal share Inheritance Act' claim is only doable til July 15th. But if they wanted to bring a Constructive Trust claim then they've got 6 YEARS! But that's extremely rare and exceptionally hard to prove he said. "I'm only telling you about it cos you're paying me to give you all the options."

    So I'll just wait to hear something official - back to who blinks first, again.

    Thanks everyone, you're all an absolute god-send!
    Originally posted by YoungBlueEyes
    It is so nice to hear that someone has had a positive result albeit after a lot of strain and effort on your part. 11/10 for trying and not giving up. It has been a pleasure to help you in a small way.
    • YoungBlueEyes
    • By YoungBlueEyes 9th May 18, 9:56 PM
    • 375 Posts
    • 423 Thanks
    YoungBlueEyes
    Well it's not over yet but the estate and legal stuff nearly is I think. Just the nonsense in their latest email to deal with now. I'll not be giving up cos I ain't wrong. "You stand for what's right, even if you stand alone." Dad was always saying that

    Yous have been more than a small help to me. I honestly don't know what I'd have done without this place, you've practically saved my sanity. It's so reassuring to hear so many people all saying the same thing, it really gave me confidence.

    Anyone I'm talking to now that's got the least wee bit of trouble I refer them to here. Every single time. This site is so good that I'd pay to be a member!
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