Succession Act enforceable?

S

sheldon

Guest
Background: 3 out of 4 beneficiaries (1 is also an Administrator) to an Intestate estate insist that the Succession Act 1965 should be executed. The 4th beneficiary (who is also the other Administrator) is demanding that a Deed of Family Arrangement be drawn up - which is more beneficial to him. He is refusing to sign anything or advance the administration of the estate until he has his way. In the meantime the estate has lost a considerable amount of value and the tax bill is snowballing. The solicitor is unable to manage the situation or give direction.
What can you do to make the Succession Act just happen?
 
Yes, get your own soliticitor.
Why is this person an administrator? Was this agreed by yourselves? I think you could have him removed. Was he self-appointed or chosen by the rest of you? Your solicitor is probably the family solicitor and is acting for all of you and so there is a conflict of interest.
Nobody can be forced to sign away some of their inheritance. Get your own solicitor, even if it means going to a different town/area, who will advise you of all options open to you.
 
Is this the same estate about which you posted previously?
http://www.askaboutmoney.com/showthread.php?p=325157#post325157

Was there previously an agreement of some sort that there would be a deed of family arrangment (as suggested in previous posts)? This is the sort of situation where you need detailed, case-specific advice.

I would not necessarily say that the solicitor is obliged to "manage the situation" or to "give direction". Certainly, the solicitor should be able to advise you (or more properly the administrators), in writing, as to:

A. The options open to you to advance matters and
B. Whether this requires that the warring administrators require separate independent legal advice (it seems very likely that they do).

Ask for this advice. If you don't get it, go to another solicitor. However, in general where there are two administrators appointed, then nothing can be done except by their agreement or -in the absence of agreement - by court order. If you can find a consensus without litigation, it will certainly be cheaper.
 
MOB said:
Is this the same estate about which you posted previously?
http://www.askaboutmoney.com/showthread.php?p=325157#post325157

Was there previously an agreement of some sort that there would be a deed of family arrangment (as suggested in previous posts)? This is the sort of situation where you need detailed, case-specific advice.

I would not necessarily say that the solicitor is obliged to "manage the situation" or to "give direction". Certainly, the solicitor should be able to advise you (or more properly the administrators), in writing, as to:

A. The options open to you to advance matters and
B. Whether this requires that the warring administrators require separate independent legal advice (it seems very likely that they do).

Ask for this advice. If you don't get it, go to another solicitor. However, in general where there are two administrators appointed, then nothing can be done except by their agreement or -in the absence of agreement - by court order. If you can find a consensus without litigation, it will certainly be cheaper.
Click to expand...

Thanks. Yes same estate as previous post. A draft Family Deed was drawn up early on, but it became unworkable as the errant Administrator's demands became more erratic and surreal and certain land deals he had coerced the deceased into several years ago came to light. As well as a solicitor for the estate, each Administrator has a solicitor. Dozens of letters are exchanged - but they merely correct eachothers content. Nothing substantive or cerebral about the "Law" has ever been presented by any of the 3 solicitors - they are basically very expensive postmen!
I had heard that if an estate is not administered/distributed within in a certain timeframe then the beneficiaries (in this case 75% of them) can notify the Probate Office and they will execute the Succession Act?
 
sheldon said:
I had heard that if an estate is not administered/distributed within in a certain timeframe then the beneficiaries (in this case 75% of them) can notify the Probate Office and they will execute the Succession Act?
Click to expand...

Unfortunately it is not as easy as that. The Probate Office would have no power in this case it would involve going to court which could prove to be expensive.

The administrator in this case would need to be careful s/he would have taken an oath to properly administer the estate with potential serious repercussions if s/he failed to do so.
 
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