If executor failed to gather in all assets?

galleryman

Registered User
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168
Hi,
What would happen if an executor knew about a substantial foreign asset and failed to include it when gathering in the assets? (was not specifically referred to in will, but would have come under residue clause) Thanks
 
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then he or she has failed in his duty and is open to being personally sued for the negligence. All the more difficult for executor if he/she was beneficiary under the residue. You need to consult a solicitor quickly for expert legal advice.
 
Quickly isn't the word. Have you advised the executor of this matter.
 
grant of probate issued over a year ago, I just found out about it. Executor was a beneficiary but a minor one, nothing from the residue.
 
Personally and covering yourself so to speak, you should mention this to all the beneficiaries. I wonder was this forgotten by accident or otherwise. I think you all had better have a meeting. Galleryman - am sending you a PM now about this.