Key Post Executor doing absolutely nothing

What are the terms of the will? Do you and your sibling inherit the property itself or has it been stipulated that the property is to be sold and the proceeds divided amongst you? Presumably if it's the latter, the executor needs access to the property in order to show prospective buyers etc. By the sound of things, it would be unfortunate if you ended up having to give him a key.

P.S. My apologies if I sound a bit nosy regarding the terms of the will but I have been in a similarly awkward situation recently (in my case I'm the executor though) and I'd be very interested in finding out how your story develops from the legal point of view.
 
have a look at some of my previosu posts. it is a complicated procedure to have the property put into your name, but can be done, by order of the Courts. You will need a solicitor, and issue proceedings against the Executor. You wil probably find tha tall expense is awarded against the ESTATE rather than the EXECUTOR personally, as if it was, s/he would certainly not be delaying the process. However, you must wait as the other posters have said for 12 months.

I went to High Court on several occasions, where the executor did not bother turning up. Because of this, and in an effort by the courts to be fair and not take advantage, executor was given sevreal oppertunities to sign the Asssnt (the papers signing the property to you), but failed to do so. Eventually, high Court ordered a High Court official to sign and property was transferred. however, all costs were against the estate, which affected the payout to other beneficiaries.
 
Flymask - its almost a year since I saw the will (been handed over to a solicitor since) but to the best of my memory it just refers to 'the estate' and doesnt stipulate one way or another how it is to be handled beyond a straight 50:50 split between myself and sibling. The estate only consists of the property, there are no vehicles, bank accounts, other assets - just a house.

For the reason you mention we are also against giving him a key - the valuation he had done is way below market value and we do not want him to sell it at less than its worth.


Ravima - I suspect that the executor is deliberately behaving in this way so as to cost the estate as much as possible - myself and sibling are the only beneficiaries so we are the only people who stand to lose out. He has already cost us money in terms of legal fees from us sending letters and a citation to him to get him started on acting as executor, now cheques have gone out of date that could only have been lodged by executor and his solicitor is trying to push that back at us to deal with, and with this latest trick of under valuing the property and the valuation itself costing twice the norm its clear that he is not acting in our best interests.

The 12 months are not up yet - I made a guess earlier in the year (and on this thread) that he would choose to act at the eleventh hour and that would allow him to drag things out - seems I was right - the 12 months are up next month, he has only begun to act in the past 2 weeks.
 
Truthseeker, do you and your sibling want the property sold now by the executor? If you don't I would suggest getting your solicitor to request that the executor simply assent it into the names of you and your sibling. You could then sell it at a later date yourselves.

In respect of the one year rule, that it actually for bringing proceedings against an executor for failing to distribute the estate without leave of the court. You can seek leave of the court at any time to bring the proceedings.

I would have your solicitor write to his solicitor enclosing a Form of Renunciation and request that he sign it and if he does so you will no issue proceedings against him personally.
 
FKH - we have asked our solicitor to do as you suggest as we dont want the house sold.

We tried the form of renunciation and he insisted he was going to act - then left the country and didnt begin to act until 10 months later.
 
I do feel for you as unfortunately the courts will always initially take the view that the testator wanted the executor to act and it's quite hard to get rid of them if they are slow.

You should get your solicitor to ask for a copy of the Inland Revenue Affidavit that the executor must submit prior to extracting the grant (if you haven't already). Also ask for a copy of the executors accounts prepared to date.
 
Truthseeker. Just picked up this thread now. What a mess. Was involved with something similar- although I was not a beneficiary or an executor, but was dealing for others who were in the process of being shortchanged and it went on for approx 5 years. Wait until I dig out a box of files from storage. There is nothing - but nothing having executors (especially relations) acting as if they are God. In the meantime, has you solicitor written to him to confirm his charges as executor, as without this knowledge he might simply put his hand in the till and nick the lot. I'll be back with further info.
 
thanks mercman - only just saw this reply, i have some updates on the situation.

executors solicitors have responded to our solicitor to say that they hope to lodge the Inland Revenue Affidavit next week - next week is 1 full year since death of my parents.
Also executor has returned all social welfare cheques in my mothers name saying that he is executor for my fathers estate only, not my mothers (they both passed together - only will was my fathers).

executors solicitors did not persue us for a key, simply said that they 'noted position re access to a key and thank you for same' (we offered to let anyone in anytime at the drop of a hat but not to give key to property).

so if the Inland Revenue Affidavit has not even been lodged yet I suspect this may turn into a very long drawn out process.
 
Couple of things:
- AFAIK the affidavit is at the end of the process so should ony take about another month
- I reckon he is right to send back the social welfare chqs as the executors account would not cash them. Who died first - your mum or dad? (or was it at the same time eg: an accident?). If one passed away before the other (even by a day) I reckon you have to deal with them in order, especially if there are different executors. Not sure what happens if they die at the same time.
- Any social welfare chq issued after your parents passed away would have to be returned to the state.
 
Thanks Sam H - just to clarify a couple of points:

Some of the social welfare cheques in question are dated before the deaths - they just hadnt been cashed. There are also some that were issued for the 6 weeks following deaths - social welfare continue payments for 6 weeks after death on particular type of payments - disability allowance is one of them. To be perfectly honest they dont come to a huge amount of money but we are a little annoyed as we could have dealt with our mothers cheques last year and not let them go out of date if we had been told this (i.e., its just more hassle that we wouldnt have if executor had actually gotten himself in gear a year ago).
My sibling tried to open an account for the cheques at the time but was told that only the executor may do this and we just assumed that meant both sets of cheques.

The both died in an accident at the same time - there is no way of saying who died first.

Do you have any other information as to how much longer this process may take and what new roadblocks this executor may throw up at us?
 
Just wanted to update this thread and ask a question.

The update is that the estate still has not been settled (almost 3 years since parents died) but recent news suggests it may happen soon, property was just sold (yes, they waited til the prices were at their lowest to sell!) and I personally phoned executors solicitor to request an update as to date I have been given no official information as to what was happening.

Executors solicitor said that he will distribute proceeds of estate shortly but first must pay off debt of estate (do not know what he is referring to here).

Is there any official documentation I can request where I can see how much the property sold for, how much had to be paid out to cover debt (what those debts were as I do not know), what the solicitor expenses were etc...

Basically Id like to know exactly how much the estate ended up being worth and what was done with the money.

Do I have an entitlement to this information, and do I need my own solicitor to request it or can I do it myself?
 
Truthseeker, has the Will gone through Probate ?? If so you will be able to find information on the extent of the Will. Why did you not bring the questions to your own solicitor to seek answers. Whilst the executor may be an uncle of yours it doesn't give them a right to delay or mess around with matters. As a beneficiary you and your sibling are entitled to Interest on your Inheritance. This has gone on for such a long time and your own solicitor should know your rights. Acting as an Executor is a responsible position and should not be messed with. (Hint Hint)
 
I can't understand why you let this drift for so long, you have a heck of alot of patience!!!

- did you agree to sell the house as you indicated earlier that you did not wish to have it sold? Unless there were insufficent funds to cover any outstanding debts, there is no reason for this to have been sold, especially at a loss. I could be corrected on this?
- I reckon you're biggest debt will be the soliciotrs fees as this has taken so long!!
- As far as I know, you are entitled to a list of all the expenses, assets etc. I kept a running total for my family and made sure they were notified of any additional expenses or cost (not that I got much thanks!!!). I would suggest you notify the executor & the solicitors that you would like to get a full break down of the assets, debts & cost of probate.

Good luck
 
mercman said:
Truthseeker, has the Will gone through Probate ?? If so you will be able to find information on the extent of the Will. Why did you not bring the questions to your own solicitor to seek answers. Whilst the executor may be an uncle of yours it doesn't give them a right to delay or mess around with matters. As a beneficiary you and your sibling are entitled to Interest on your Inheritance. This has gone on for such a long time and your own solicitor should know your rights. Acting as an Executor is a responsible position and should not be messed with. (Hint Hint)
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Mercman, there is a lot of family animosity, sibling engaged solicitor initially (to represent both of us), insisted on being the 'contact' and just 'forgot' to give me any updates.
Executor engaged different solicitor. I, being patient, just sat back and waited because it seemed to me that sibling was just aggravating the situation.
Will went through probate in 2008.
I really dont know anything else, when house was on market I knew nothing much would happen till it sold, I recently drove past it and noticed it was being renovated - which is only reason I knew it had sold. I dont know for how much or exactly when.
 
sam h said:
I can't understand why you let this drift for so long, you have a heck of alot of patience!!!

- did you agree to sell the house as you indicated earlier that you did not wish to have it sold? Unless there were insufficent funds to cover any outstanding debts, there is no reason for this to have been sold, especially at a loss. I could be corrected on this?
- I reckon you're biggest debt will be the soliciotrs fees as this has taken so long!!
- As far as I know, you are entitled to a list of all the expenses, assets etc. I kept a running total for my family and made sure they were notified of any additional expenses or cost (not that I got much thanks!!!). I would suggest you notify the executor & the solicitors that you would like to get a full break down of the assets, debts & cost of probate.

Good luck
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Well I pushed for probate to get started throughout 2007, then that was happening during 2008, then house went on market end 2008 and only sold recently.

We agreed to sale - there were no other funds to cover debt (inc solicitor fees). Some other factors too, including sibling animosity.

Thanks for the advice, I will ask for the breakdown - I was just wondering if Im 'allowed' to do this.
 
If this was being handled amicably there would be no issue in you seeing the accounts but given the track record that may not be possible unless you have a legal entitlement to the accounts.

And as far as I remember from Probating days you only have a legal entitlement if you are a residuary beneficiary and that depends on the exact wording of the will. You should have a copy of the will and if not you can get a copy from the probate Office - if you quote the exact wording here someone can say if you are entltled to the accounts.
 
Update on this situation.

8 weeks ago the property that comprises the estate was sold and executors solicitor informed our solicitor that distribution of monies (including discharging debt of the estate) would happen in 10 days to 2 weeks.

In the first week he paid off the debt of the estate (including his own fees). Since then he has just sat on the rest of money and everytime myself or sibling phone him he just gives a variety of different excuses (he is very busy, he hasnt had time to get to it) as to why he has not made a distribution.

Initially he told me (5 weeks ago) that he would make a 1st distribution within a week or 2. 10 days ago he told me it would happen in a day or two.

Still nothing. I have only phoned twice for updates, Im getting sick and tired of just being fobbed off with him saying itll be a week or two or a day or two, then still nothing happens. To say nothing of the fact that the whole situation has dragged on for nearly 3 years with zero communication from the executor or his solicitor at all unless I phoned to ask what was going on.

What can I do to hurry this situation along - short of showing up outside his office wearing a placard stating he is holding onto money that is rightfully mine!
 
Pity you didn't get the last conversations in writing. Even still you should tell the solicitor in writing, that you intend bringing the matter to the Law Society with immediate effect.
 
Have an ongoing problem with part of my parents estate myself so can totally understand your frustration. Thankfully in my case is is just a small amount and it was the principal of the matter that was bothering me so have pretty much given up on it now.

The behaviour of your uncle and his solicitor may be legal but it is still disgraceful. What has happened over the past 2 years can not be changed at this point. I do hope you are happy with what the house sold for, I also hope you know and agreed to the sale price as your posts dont indicate this.

At this stage imo it's time to take the kid golves off. I would put a call into both the law society and Citizens information to see what their general opinion is. You may not get any useful information from either but you wont know that until you make the call.

I would phone the solicitior involved a minimum of twice per day, the proverbial squeaky wheel really does get the oil, ask any credit controller or debt collector. Is is possible for you to call in to see him? If you dropped by a few times that might shake him into action as he really does not seem to be taking you seriously.

At a time when you should have been able to greive the loss of your parents it is dreadful that you uncle put you thorough such additional anguish, it really beggars belief. The very best of luck with it, hopefully it will get sorted out for you very soon. LS.
 
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