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  • FIRST POST
    • Abcynthia
    • By Abcynthia 14th Sep 18, 4:13 PM
    • 231Posts
    • 214Thanks
    Abcynthia
    Executors gone silent
    • #1
    • 14th Sep 18, 4:13 PM
    Executors gone silent 14th Sep 18 at 4:13 PM
    Nevermind.
    Last edited by Abcynthia; 14-09-2018 at 5:21 PM.
Page 1
    • dresdendave
    • By dresdendave 14th Sep 18, 5:15 PM
    • 776 Posts
    • 955 Thanks
    dresdendave
    • #2
    • 14th Sep 18, 5:15 PM
    • #2
    • 14th Sep 18, 5:15 PM
    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
    • By elsien 14th Sep 18, 5:19 PM
    • 17,124 Posts
    • 43,156 Thanks
    elsien
    • #3
    • 14th Sep 18, 5:19 PM
    • #3
    • 14th Sep 18, 5:19 PM
    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?
    Originally posted by dresdendave
    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.
    • dresdendave
    • By dresdendave 14th Sep 18, 5:21 PM
    • 776 Posts
    • 955 Thanks
    dresdendave
    • #4
    • 14th Sep 18, 5:21 PM
    • #4
    • 14th Sep 18, 5:21 PM
    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.
    Originally posted by elsien
    I must have dozed off by that point!
    • Abcynthia
    • By Abcynthia 14th Sep 18, 5:24 PM
    • 231 Posts
    • 214 Thanks
    Abcynthia
    • #5
    • 14th Sep 18, 5:24 PM
    • #5
    • 14th Sep 18, 5:24 PM
    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.
    • dresdendave
    • By dresdendave 14th Sep 18, 5:45 PM
    • 776 Posts
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    dresdendave
    • #6
    • 14th Sep 18, 5:45 PM
    • #6
    • 14th Sep 18, 5:45 PM
    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
    • By Flugelhorn 14th Sep 18, 6:46 PM
    • 964 Posts
    • 1,144 Thanks
    Flugelhorn
    • #7
    • 14th Sep 18, 6:46 PM
    • #7
    • 14th Sep 18, 6:46 PM
    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.
    • Yorkshireman99
    • By Yorkshireman99 14th Sep 18, 8:10 PM
    • 4,494 Posts
    • 3,715 Thanks
    Yorkshireman99
    • #8
    • 14th Sep 18, 8:10 PM
    • #8
    • 14th Sep 18, 8:10 PM
    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.
    Originally posted by Flugelhorn
    The post was very muddled and difficult to understand. From what is said I doubt anyone on here could really help much.q
    • TcpnT
    • By TcpnT 14th Sep 18, 9:35 PM
    • 143 Posts
    • 86 Thanks
    TcpnT
    • #9
    • 14th Sep 18, 9:35 PM
    • #9
    • 14th Sep 18, 9:35 PM
    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
    • By SeniorSam 14th Sep 18, 10:11 PM
    • 1,177 Posts
    • 594 Thanks
    SeniorSam
    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.
    Last edited by SeniorSam; 14-09-2018 at 10:21 PM. Reason: addition
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, so my comments are just meant to be helpful.
    • unforeseen
    • By unforeseen 14th Sep 18, 10:22 PM
    • 2,957 Posts
    • 3,817 Thanks
    unforeseen
    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.
    Originally posted by SeniorSam
    Only if it has gone to probate
    • TcpnT
    • By TcpnT 14th Sep 18, 10:52 PM
    • 143 Posts
    • 86 Thanks
    TcpnT
    I believe that anyone can obtain a copy of the Will by application to the appropriate office, particularly as family members
    What do you mean by appropriate office ? Surely unless the will goes to probate it is quite possible that nobody except the executors will ever see it.
    • Marcon
    • By Marcon 15th Sep 18, 12:00 AM
    • 492 Posts
    • 351 Thanks
    Marcon
    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?
    Originally posted by SeniorSam
    The pension company/scheme won't help; they will simply (and correctly) cite GDPR. The pension money paid will have been outside the estate and thus the will is unlikely to have featured at all.
    • Malthusian
    • By Malthusian 18th Sep 18, 10:11 AM
    • 4,639 Posts
    • 7,415 Thanks
    Malthusian
    I haven't seen the original post but if post #9 is a fair summary, my advice to the OP would be to write it off and not cause themselves any more grief or stress over it.

    If the OP's father had a Lego collection worth tens of thousands of pounds or more then the OP would almost certainly know about it as it would be in the local papers, require specialist insurance, probably have its own building, and it would be most unlikely that the father would be otherwise penniless.

    Any less than that and the claim that the funeral expenses swallowed it up is very plausible. Funeral expenses have first claim on the estate and this may outrank specific bequests.

    If there were no liquid assets in the estate to pay for the funeral then selling the assets may have been unavoidable, which means this is purely about money, and not enough money to make it worth the hassle and grief.

    It's a shame that the likelihood of arguments over the distribution of an estate is negatively correlated to how valuable it is.
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