Executours dont want to deal with a beneficary.

Have an existing thread but i think its become too long to get fresh replies.

My dad is one of the beneficiaries for his parents estate. No will. His brother has been non contact for many years due to his mental health condition making him abusive and violent. My dad and the other beneficiaries don't wish to have any contact with him - the solicitor dealing with it has written to his local authority twice who have passed the letters on to him but no response.

The solicitor recommended that their become trustees for him or for it to remain at the solicitors but they absolutely do not wish to do so so instead they will go to the court of protection and get permission for it to be paid in to the court - only the initial barristers fees will come from their share the rest will come from his share.

Does that sound legally sound - or will the court of protection reject it and say those dealing with the estate must remain the legal protectors of the money - in which case I am not sure how things will develop.

Comments

  • BrassicWoman
    BrassicWoman Posts: 3,201
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    I think your options have been covered extensively already

    https://forums.moneysavingexpert.com/showthread.php?t=5832719
    2021 GC £1365.71/ £2400
  • Gers
    Gers Posts: 11,960
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    Forest11 wrote: »
    Have an existing thread but i think its become too long to get fresh replies.

    Why do you need 'fresh replies'? All the good advice has already been given to you.
  • Forest11
    Forest11 Posts: 78
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    Because things have changed and I am not sure if the solicitor is telling them correct advice - and if the barrister comes back and says it will cost a lot more from the everyone's share or the court of protection might reject I need to be prepared for the reaction of my dad.
  • Forest11
    Forest11 Posts: 78
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    You probably didn't have to deal with someone who had been a toxic presence for years and you are probably mentally stable yourself - my dad is not and is an aggressive person to cope with when he feels he has been wronged.
  • Forest11
    Forest11 Posts: 78
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    I cant as he asks me for advice and I don't give what pleases him he turns on me.
  • Forest11
    Forest11 Posts: 78
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    Yes and due to my autism I can't move out.
  • Malthusian
    Malthusian Posts: 10,898
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    Forest11 wrote: »
    Yes and due to my autism I can't move out.

    If your autism makes it difficult to cope with your father's toxic behaviour then you have more reason to move out, not less. I agree with Sunny Intervals.
  • There was a young autistic man who posted on the Disability board a while back. He was living with his mother, who was very controlling and was taking advantage of him financially. He accessed support through social services and I believe he was moving into sheltered accommodation.

    Would you consider posting there to get some advice on getting out of this situation? Being disabled doesn't mean you should have to put up with people being aggressive toward you.

    I think there was a poster on this board that had a very similar problem - unfortunately I can't remember the poster's name.
  • motorguy
    motorguy Posts: 22,452
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    Forest11 wrote: »
    I cant as he asks me for advice and I don't give what pleases him he turns on me.

    Then next time he asks tell you him you wont be giving him advice as the advice you give never pleases him and he turns on you.
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