Executor behaviour.

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nicole84

Guest
Me and my sibling have been left a house by my father in the UK.
The executors are my uncle and aunt. Neither of them are close to us.
My uncle says that the last renters of the place have left a lot of junk/mess and he will have numerous expenses to sort this out. Skip possibly contractors.
He requested that I write a signed letter to the UK solicitor saying I agree to pay him and my aunt 10,000 out of the estate at the end, to pay expenses.
I said that I would instead like receipts of expenses and pay that amount and he said well you can't get receipts for everything eg.mileage. I know he is chancing his arm and this is causing me stress.
Does anyone know of the proper accounting procedure for executors.
Also, he has already made purchases without getting my approval such as a skip at 200 euro. Can he do this? I dont want him to spend estate money on anything he feels like without my agreement.
Thanks.
 
This is an Irish website, UK law may be different though I suspect in broad terms it is similar.

Don't sign any such letter, I've never heard of a request like that.

As regards out of pockets expenses, yes they are paid by the estate. The executor has a legal and personal responsibility to account for all expenses.

I'm open to correction (and again UK rules may be different) but there is no mileage allowance for executors.

Who is doing probate? The exec or solicitor?
 
Why don't you and your sibling go over to the uk, assess what has to be done to clean up the house.
 
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Thanks, we were thinking of that last night.
With regard to executors expenses, they have to provide receipts dont they?
 
Yes , all post death expenses are referred to as testamentary expenses & should be receipted.
The Executors or the solicitor acting on their behalf should provide a statement of accounts covering the administration period reflecting the collection of sssets & the payment of liabilities .
 
The executor has the job of preparing the house for sale, so your Aunt and Uncle were within their rights to book a skip as a legitimate expense without getting your permission.

Where was your father living, the UK or Ireland and is the will being processed in the UK ?

If so, and I were you, I would get some legal advice on how an executor is supposed to act in the UK. If it is the broadly the same as Ireland, I would write to your Aunt and Uncle and the solicitor and make clear that you expect all executor expenses to be receipted and you will expect a statement of accounts. This is what the law required them to do anyway.


If you wish to offer to pay their mileage expenses, as a gesture, if they live far from the house, this might go a long way to helping the situation, and being fair to them, and smoothing over a family row.
 
Thank you. Can I specify that he doesn't make any purchases without getting mine and brother's prior approval.

Doesn't the whole executor/beneficiary thing seem to make so much more hassle than needs be. It seems like a conflict of interest, and casuses so much bad blood between people. If we were both beneficiaries and executors it would be so easy.
Alas, my father was close to his brother and sister, and he was close to us, but due to parent's divorce, aunt and uncle and me and brother are total strangers, I dont see why wills are set up this way.
He also requested, pushed hard twice, that me and brother leave my father's girlfriend, not named in will, a lump sum. WE both said no.
 
nicole84 said:
Thank you. Can I specify that he doesn't make any purchases without getting mine and brother's prior approval.
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I dont know if you can. You should get legal advice on that.
There is a difference between 200 on a skip and deciding to spend 20000 on the house before selling, I dont know where the line is.

Doesn't the whole executor/beneficiary thing seem to make so much more hassle than needs be. It seems like a conflict of interest, and casuses so much bad blood between people. If we were both beneficiaries and executors it would be so easy.
Alas, my father was close to his brother and sister, and he was close to us, but due to parent's divorce, aunt and uncle and me and brother are total strangers, I dont see why wills are set up this way.
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It was your fathers decision to make them executors. You have to respect that. They possibly don't want to do it.
 
huskerdu said:
I dont know if you can. You should get legal advice on that.
There is a difference between 200 on a skip and deciding to spend 20000 on the house before selling, I dont know where the line is.




It was your fathers decision to make them executors. You have to respect that. They possibly don't want to do it.
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I know, it's just he's talking about hiring in contractors to clear out the whole house, and I don't understand why me, who will ultimately be paying for it, doesn't have a say. And also he's requested a 10,000 lump sum to be paid to himself out of nowhere.
 
Only through the courts & only if the Executor is failing in their duty & such is not the case here to date
 
This might be a stupid question, but why are the executors selling the house at all? Surely it's up to the beneficiaries to decide. They might choose to keep it and rent it out for example.
If the executors have to sell the house, and prepare it for sale - that is a lot of work for them, with nothing to show for it. They are doing you and your dad a big favour really. Especially if the beneficiaries are questioning all expenses, big and small.
 
Poc my suspicion has been raised by him requesting for 10,000 to be given to him at the end.
That's why I'm starting to worry about what he's going to spend.
 
Nicole, you didn't answer POC's question about why the executors are selling the house? If you and your sibling have been left the house why will you not deal with this yourselves once probate is complete since there is obviously a trust issue between your uncle and yourself.
 
nicole84 said:
I know, it's just he's talking about hiring in contractors to clear out the whole house, and I don't understand why me, who will ultimately be paying for it, doesn't have a say
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Looking at it from his point of view ... clearing out a house is a lot of work .... I too would be getting contractors in and getting the estate to pay for it.
 
The will specifies house is sold and distributed.
I just spoke to my mother, and she said her sister is executor of another will. And she is not allowed to make any purchases without the beneficiaries permission. I am not sure why he is allowed to.
I have spoken to my mother and we have agreed to go over to the uk, speak to the solicitor, and go and see what state the house in and go and sort the house out ourselves. Brother,mother and I all angry at his cheeky request for 10,000 with no receipts!
 
So the property has to be sold - hopefully you'll get the information you need when you travel over and meet the solicitor. You'll be able to clarify whether the executors must arrange the sale, or if you and your brother can do it.
I agree the 10,000 sounds cheeky. Did the executors receive anything in the will for themselves? Maybe they are feeling hard done by.
 
POC said:
So the property has to be sold - hopefully you'll get the information you need when you travel over and meet the solicitor. You'll be able to clarify whether the executors must arrange the sale, or if you and your brother can do it.
I agree the 10,000 sounds cheeky. Did the executors receive anything in the will for themselves? Maybe they are feeling hard done by.
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No they didn't. I don't care if they feel hard done by. It's not their money! And they have never shown any interest in me and my brother throughout our entire lives.Which again brings up the conflict of interest of an executor and beneficiary. You can't ask for lots of money as executor because you feel hard done by! If I make a will, I am making both executor and beneficiary the same person for ease. Thank you for your points. Would you all like to be updated after I visit the UK solicitor. It might help someone else in the future.
 
10k seems a lot of money to clear out a house unless it's completely wrecked. Definitely go over and see what he's talking about. If it's a matter of getting a few large skips to get rid of furniture so be it. It would be cheaper to bring a couple of mates over for a weekend and fill the skips yourselves! Then get a valuation. No point spending money doing up the house if you would be happy enough to accept a reasonable offer as house stands. I do think your uncle is being unreasonable asking for such a large sum and not expecting to provide receipts.
 
nicole84 said:
I have spoken to my mother and we have agreed to go over to the uk, speak to the solicitor, and go and see what state the house in and go and sort the house out ourselves. Brother,mother and I all angry at his cheeky request for 10,000 with no receipts!
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Not sure if this means you're bringing your mother with you. I think your best strategy will be to try and build bridges with your uncle while also sticking to your guns regarding the 10k requested. There is obviously a fair bit of animosity between your father's family and your mother and I don't think her presence will be helpful to you.
 
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