# Incompetent Executor



## NewToMortgages (31 Mar 2020)

I’ve recently been gifted shares in a family property. This property was probated in 2011 after 10 years of battle over the will. In that time and in time since then the property has been neglected and let fall into disrepair. The walls are wet, lintels burst, floors damp, black mould throughout, no electricity, no water, shed roof collapsed just this winter, and  generally ignored with I believe the intention to devalue the property to the extent that none of the beneficiaries will benefit other than the executor. The executor also unduly influenced the deceased which is clear in solicitors notes but it never went to court due to the distress of those fighting it. From what we can see the only duty the executor performed in 20 years was to transfer the land (not the property) into his own name.
All family members have been too distressed to deal with it since the court date. 

I want to protect my shares in the property but the executor refuses to give a key. I understand the duty to protect the estate but he clearly is not doing so. There is a hole in the front door and smashed front window that anyone can enter through. He also has failed transfer the property into the names of the shareholders and title cannot be found in the registry.
Can anyone advise me on the best course of action? Have him removed as executor and to proceed to sue for loss?


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## noproblem (31 Mar 2020)

Have you seen and read the will? I say this because it may contain more than you or others know.


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## NewToMortgages (31 Mar 2020)

Yes I have


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## Ravima (31 Mar 2020)

Then you need to consult a solicitor immediately


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## DeeKie (1 Apr 2020)

You need to take legal action. You say you haven’t as it is too distressful but this is causing you distress too.


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## NewToMortgages (2 Apr 2020)

Thank you I have consulted a solicitor who says all the beneficiaries need to be on board to have him removed as executor. That will not happen as they are all so hurt by his past actions and have paid out a lot of money. Is there a way to force him to put the property into the names of the beneficiaries?


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## Ravima (2 Apr 2020)

perhaps you need a different solicitor. Executor cannot allow house deteriorate.


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## Vanessa (3 Apr 2020)

Its time to get tough with this person. He is denyingy you your lawful inheritance.
I would get your solicitor to write to the executor indicating that legal action will be taken  unless your share in the property is not immediately registed with the land registry. You should consult with your solicitor and agree a plan of action to sort this mess out. The other shareholders will come on board once they see the plan. I would be confident that legal costs would be awarded against the executor. Once you have your share registered the property cannot be sold only with  your consent or by a court order. One shareholder cannot stop any other shareholder selling their share.
The others will have toget over theirdistress and see the actions of the executor for what they are, a deliberate attempt to deprive them of a lawful inheritance.

The ongoing maintenance of the property is the responsibility of the executor. He/she should have maintained it with the costs held against the estate. When the property is registered among the shareholders each beneficiary is responsible for the cost of maintenance on an equal basis.

Has the land being left separately to this executor and the property to a number of beneficiaries?
I would be very surprised if a solicitor and the Land Registry recorded a land transfer contrary to terms of a will.


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## DeeKie (3 Apr 2020)

Vanessa is right. Lawyer up and start with a very strong message, including a claim for loss.


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## mf1 (3 Apr 2020)

This is a 20 year old, and counting, problem. 

OP and other beneficiaries have all obviously had the benefit of  plenty of legal advice. There is no quick fix solution, no low cost Mr. Fix-It solution. 

If things are as OP implies they are, the executor will ignore everything except,   and probably even, a High Court Order in which case contempt of Court is a necessary next step. 

It is often the case that the cost , including the emotional cost, of the eventual solution is greater than the actual  value of the property. 

Lawyers don't work for nothing - we have mouths to feed as well- and if the OP is not willing to pay probably big money to end up with , very likely, an unsatisfactory outcome, then it's time to let it go.

Harsh words, I know, and there will always be someone who will say but that means the executor wins? That's not fair..........Why can't someone find me a solution that won't cost me? 

Perhaps there is no solution. 

mf


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## john luc (3 Apr 2020)

are executors not held liable for the assets they are instructed to disperse. I was an administrator for an estate and was made sign a document to say I am liable to double the value of the estate


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## mathepac (3 Apr 2020)

Who made you sign such a document? I've done the work twice now and don't remember signing any such document.


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## mf1 (3 Apr 2020)

On the last two posts- it's the distinction between a Grant of Administration (e.g. amongst other situations,  no will) and  a Grant of Probate- where there is a will.
The three most common types of grants of representation are:
*1. Grant of probate.*
When a person dies leaving a valid will and appointing an executor, a grant of probate issues to the executor. The person's assets are dealt with by the executor, according to the terms of the will. The deceased is said to have died testate.
*2. Grant of letters of administration.*
When a person dies without having made a valid will, they are said to have died intestate. A grant of letters of administration issues to the person or persons who were the nearest next of kin at the date of death. Next of kin is determined by the Succession Act 1965.
*3. Grant of letters of administration with will annexed.*
When a person dies leaving a valid will and a person other than the executor applies, a grant of letters of administration with will annexed issues to the person entitled by law.

Additional documentation is required for 2. and 3.

mf


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## john luc (4 Apr 2020)

I was not a beneficiary but another family member was to be.  maybe that's the reason I was asked to sign.


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## Slim (4 Apr 2020)

john luc said:


> I was not a beneficiary but another family member was to be.  maybe that's the reason I was asked to sign.


I recall signing an indemnity when I took out administration on my aunt's estate 2 years ago. Solicitor told me I had to sign it.


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## NewToMortgages (4 Apr 2020)

mf1 said:


> It is often the case that the cost , including the emotional cost, of the eventual solution is greater than the actual  value of the property.





That's it there is such a huge emotional cost. I for one am not prepared to stand by and continue to let him treat the rest of the family like this but also I have to balance that with the financial cost.


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## NewToMortgages (4 Apr 2020)

john luc said:


> are executors not held liable for the assets they are instructed to disperse. I was an administrator for an estate and was made sign a document to say I am liable to double the value of the estate



Yes they are liable for the estate until it's administered. However I have never heard of the double the value part.


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## NewToMortgages (4 Apr 2020)

Vanessa said:


> Has the land being left separately to this executor and the property to a number of beneficiaries?
> I would be very surprised if a solicitor and the Land Registry recorded a land transfer contrary to terms of a will.



Yes he left the land to himself and the property between beneficiaries. He was obviously working on his parents for quite some time to ensure he got the whole lot but my grandfather died before he completed his mission. I would also not make these claims without the knowledge of him doing the same thing to other elderly people and to his inlaws on another side.


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## DeeKie (4 Apr 2020)

Look. Either get legal advice and help or get over it. There’s the choices.  And don’t let it eat you up either way.


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## NewToMortgages (5 Apr 2020)

DeeKie said:


> Look. Either get legal advice and help or get over it. There’s the choices.  And don’t let it eat you up either way.


And don't be clogging up online forums with my questions is it? I do like your last piece of advice though thank you!


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## Clamball (5 Apr 2020)

It’s not that I think you are clogging up the forums, or that you have a boring question.   You have a very complex situation that has been ongoing for 20 years.  It sounds as if some of your relatives have spent an awful lot of money and have not got the resolution they were looking for.   You have been to a solicitor looking for professional advice.

 All we can do here is urge you to follow the advice of your solicitor but be aware that it might cost you an awful lot.  Both in money terms and mentally.  A legal fight could consume years of your life.  mf1 is well worth listening to, he gives very sound advice.

I don’t think anyone has a magic bullet that will solve everything for you. Only you and your solicitor will be able to gather all the information that will allow him to advise you of the next legal steps to take. Maybe you didn’t like his advice and will ask another solicitor. Every step like that costs money.

And maybe the best advice is to do nothing.   I don’t know.  But people are not advising you to do nothing because they think your relative is right, you make him sound like a truly horrible person, who should be told how awful he is.  But it might only be all sorted when he dies.  If you are significantly younger maybe wait until then and sort it out.


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## NewToMortgages (9 Apr 2020)

Thank you for your reply yes I understand where you are coming from. I am significantly younger so yes I could wait a bit. 

I wonder if anyone could offer some insight into moving into the house. I have access to it and it might push the issue forward if I did? Is it trespass if I have been gifted shares but they are not legally transferred due to his lack of action. I cannot get in touch with my solicitor with the lockdown going on which is why I ask here.


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## Pete123 (27 Apr 2020)

john luc said:


> are executors not held liable for the assets they are instructed to disperse. I was an administrator for an estate and was made sign a document to say I am liable to double the value of the estate


Yes you do have to sign a bond that you are liable .


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## Pete123 (27 Apr 2020)

NewToMortgages said:


> I’ve recently been gifted shares in a family property. This property was probated in 2011 after 10 years of battle over the will. In that time and in time since then the property has been neglected and let fall into disrepair. The walls are wet, lintels burst, floors damp, black mould throughout, no electricity, no water, shed roof collapsed just this winter, and  generally ignored with I believe the intention to devalue the property to the extent that none of the beneficiaries will benefit other than the executor. The executor also unduly influenced the deceased which is clear in solicitors notes but it never went to court due to the distress of those fighting it. From what we can see the only duty the executor performed in 20 years was to transfer the land (not the property) into his own name.
> All family members have been too distressed to deal with it since the court date.
> 
> I want to protect my shares in the property but the executor refuses to give a key. I understand the duty to protect the estate but he clearly is not doing so. There is a hole in the front door and smashed front window that anyone can enter through. He also has failed transfer the property into the names of the shareholders and title cannot be found in the registry.
> Can anyone advise me on the best course of action? Have him removed as executor and to proceed to sue for loss?


I think there is a time limit that the executor has to distribute the assets one year  , if this is the case he is in breach of his duties as excector and can be held accountable. I would ring the probate office and inquire. He would have had to sign a bond . What was the outcome of the court case . Surely he was instructed by the court to distribute the assets.


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