Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Lost Property
    • By Lost Property 13th Oct 18, 7:53 PM
    • 18Posts
    • 2Thanks
    Lost Property
    Intended executor bullied out of role by family
    • #1
    • 13th Oct 18, 7:53 PM
    Intended executor bullied out of role by family 13th Oct 18 at 7:53 PM
    My friend died recently (July) leaving his house to his family, however in his written will he had specifically designated his long-term girlfriend to be the executor of his estate. He owed her a sizeabke amount of money so I assume he intended her to claim it back from the estate before the family got the rest. He and the gf lived in his house for many years, along with various lodgers. Soon after his death the family (his ex-wife and two burly tattooed grown-up sons) allowed themselves irto the house with their own key and basically coerced his distraught gf into "signing over" her right to act as executor. It was pretty much a note scribbled in crayon onto the back of an envelope, as opposed to anything properly drafted by a solicitor and signed in comfortable surroundings after time to consider and take advice, as opposed to under duress.

    They "allowed" her to stay in the property until the final stubborn lodger had been "persuaded" to leave, rent hadving been accepted from him for some weeks, after which they then locked the deceased's former gf out retaining some of her possessions over which they disputed shared ownership with the deceased.

    Clearly the lodger was illegally evicted from what had become a new tenancy after the non-resident family accepted rent, but where does the former gf of the deceased stand?

    Can she legally reclaim the role of executor, citing duress at an emotionally vulnerable time? In any case, while the house is in probate did the pirate executors have the right to throw or lock anybody out until ownership had been transfered?
Page 1
    • Yorkshireman99
    • By Yorkshireman99 13th Oct 18, 7:56 PM
    • 4,769 Posts
    • 3,990 Thanks
    Yorkshireman99
    • #2
    • 13th Oct 18, 7:56 PM
    • #2
    • 13th Oct 18, 7:56 PM
    She needs urgent paid for professional advice. What has been done is illegal.
    • Lost Property
    • By Lost Property 16th Oct 18, 9:34 AM
    • 18 Posts
    • 2 Thanks
    Lost Property
    • #3
    • 16th Oct 18, 9:34 AM
    • #3
    • 16th Oct 18, 9:34 AM
    Apparently she could potentially claim maintenance as a 2-year+ cohabitee. The family may contest that due to the deceased's various bits on the side - would the court consider that, I wonder.

    Police were interested in the intimidation aspect but wanted the solicitor to contact them rather than the victim.

    Illegal eviction of herself should stick but the lodgers presumably can only claim if rent was accepted by the family, thus creating new tenancies.
    • konark
    • By konark 20th Oct 18, 12:45 AM
    • 1,113 Posts
    • 840 Thanks
    konark
    • #4
    • 20th Oct 18, 12:45 AM
    • #4
    • 20th Oct 18, 12:45 AM
    The executor can only be replaced if they sign a proper legal document (probate form) renouncing or reserving their position; a scrawled message on the back of a fag packet would not be enough.


    Does she have the will and death certificate? If so she can apply for probate and sue the intermeddlers. As a house is involved probate will be needed, (unless the deceased was joint owners of the property with someone) and the ex-wife cannot have obtained it .


    As for the money owed, if he intended her to claim it he should have written it into the will. There is no right for an executor to simply help themselves to what they feel they are owed from the estate. She should prepare an invoice of what is owed (preferably with proofs) and bill the estate.
    • Lost Property
    • By Lost Property 22nd Oct 18, 12:06 AM
    • 18 Posts
    • 2 Thanks
    Lost Property
    • #5
    • 22nd Oct 18, 12:06 AM
    • #5
    • 22nd Oct 18, 12:06 AM
    I would assume the family have both the will and the death certificate.
    But if the family are not the officially appointed executors won't some official query the will, or is it just a matter of them writing out their own replacement "version".and nobody being any the wiser?

    I'm puzzled here cos I pushed her into getting legal advice and the solicitor just seems to think she doesn't really know what she signed, so perhaps it was something more official than she will admit. It's difficult when people feel fragile cos they tend to be a bit defensive and attack or resent the helpers for trying to seemingly prolong their trauma. What he does say is that she can apply to put a caveat on the estate for her to be notified if any application is made for probate. He also acknowledges that she may not wish to go through the emotional turmoil of aggravating the situation by making the accusation re. intimidation.

    In the short term, I'm not sure she has the fight in her to pursue this, nor the illegal eviction, nor the "Provisions for Family and Dependants Act 1975" aspect. I've suggested she should at least mention to her former lodgers that any of them that had rent accepted by the family would have become tenants and were therefore illegally evicted.

    What's not clear is who is now paying the mortgage, as one of the contributory factors in the suicide was an expiring interest-only mortgage. Will the bank force a sale before probate is complete or will more costs just be added until there's no equity left?
    • Yorkshireman99
    • By Yorkshireman99 22nd Oct 18, 2:27 AM
    • 4,769 Posts
    • 3,990 Thanks
    Yorkshireman99
    • #6
    • 22nd Oct 18, 2:27 AM
    • #6
    • 22nd Oct 18, 2:27 AM
    I would assume the family have both the will and the death certificate.
    But if the family are not the officially appointed executors won't some official query the will, or is it just a matter of them writing out their own replacement "version".and nobody being any the wiser?

    I'm puzzled here cos I pushed her into getting legal advice and the solicitor just seems to think she doesn't really know what she signed, so perhaps it was something more official than she will admit. It's difficult when people feel fragile cos they tend to be a bit defensive and attack or resent the helpers for trying to seemingly prolong their trauma. What he does say is that she can apply to put a caveat on the estate for her to be notified if any application is made for probate. He also acknowledges that she may not wish to go through the emotional turmoil of aggravating the situation by making the accusation re. intimidation.

    In the short term, I'm not sure she has the fight in her to pursue this, nor the illegal eviction, nor the "Provisions for Family and Dependants Act 1975" aspect. I've suggested she should at least mention to her former lodgers that any of them that had rent accepted by the family would have become tenants and were therefore illegally evicted.

    What's not clear is who is now paying the mortgage, as one of the contributory factors in the suicide was an expiring interest-only mortgage. Will the bank force a sale before probate is complete or will more costs just be added until there's no equity left?
    Originally posted by Lost Property
    Post #2 still applies.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

73Posts Today

3,103Users online

Martin's Twitter
  • Many saying sexism or ego. My suspicion as someone who works in TV is that this is a format point. I'd think whe? https://t.co/AXfrv5YqKA

  • I do always ponder when watching apprentice why Lord Sugar is "Lord Sugar" but Baroness Bradey is Karen. #bbctheapprentice

  • Lord Sugar just said "she's talking like she's a 50 year old, she knows it inside out?" Genuine question if ther? https://t.co/6cZJ9d2Cni

  • Follow Martin