Non communicative executor to beneficiaries

[Lunamama]

My Estranged grandmother passed away on 24th October 2014. Unfortunately due to a family situation between her and my Father I had not seen or spoken to her for nearly 3 years because it was a very complex situation. My father was incarcerated after my Nonna and the current executor built a case for fraud/forgery against him. it's a very long and complex story.


My Grandmother has named myself, my sister and my sisters daughter as beneficiaries of her English will. 50% to me and 25% each to my sister and her daughter.


Below is the sole communication we have had from the executor despite contacting her several times via text message (which I have copies of) and leaving her voicemails.


We are trying to get to see a copy of the will from the solicitors that are holding it, but at the moment they are not forthcoming. I am unsure as to whether the executor has instructed them to be uncooperative with us or not.




'I am in the process of paying all outstanding accounts (I have still to pay - Back rent on her council flat and the burial plot ownership fee). On the advice of the solicitor who drew up the will it is not subject to grant of probate and is therefore not a public document I am acting as executor of the will in accordance with all legal practices. I will be in touch - probably in late March - to arrange a meeting to facilitate the distribution of pieces of jewellery and the balance of your Grandmothers finances.
I will need to pay any money due to ( my niece) into an account for her. The contents of the apartment, such as they were after downsizing, have been donated to charity. I had no need of them nor room to keep them. I have a few photographs but that is all. If you want copies we can sort that out. As far as the sale of the apartment is concerned, it does not form part of the English Will so is not within my remit. I believe it was co-owned by your grandmother and her brother as was required by Italian law). I have no other knowledge regarding that property.'


We have also found out that her brother who lives in Italy is also an executor. I did call him to speak to him as we were told that my Nonna had told people that we were going to receive something from Italy also. She had an apartment which she sold just before she passed away. He did not co own the property but had power of attorney.


My grandmothers brother informed me that the executor over here was due to travel to Italy on 12th March and they were going to sit and discuss and decide what to do.


He is very angry with my family and has said that we didn't see or help my grandmother and now I want her money. I reiterated that the only reason I called him was based on being told he was an executor and we had not had any communication from the other executor. In addition after being told from relatives in Italy my Grandmother had told them we were being left something.


There is a Will over there but I am unsure how to go about getting a copy of it etc.

Any advice is very welcomed.

[des8]

Re: Non communicative executor to beneficiaries

Hi and welcome.
Sorry to hear about your family problems, but are you concerned the executors aren't acting correctly?
If Probate was not required for the UK will, the executor does not have to give you a copy.

I haven't yet discovered how to obtain a copy of the Italian will, and I doubt I can

[Lunamama]

Re: Non communicative executor to beneficiaries

Well im not sure, there's just zero communication and that makes me feel uneasy. I'm aware of how delicate the situation is and I'm not trying to be a money grabber or anything. I just want to know what's going on. I am concerned that they may be trying to prevent us from receiving the inheritance in some way.

What rights do I have as a beneficiary?

what does an executor have to do if the estate isn't going through probate?

[seduraed]

Re: Non communicative executor to beneficiaries

this link might help

https://www.gov.uk/wills-probate-inheritance/overview

[des8]

Re: Non communicative executor to beneficiaries

You might be feeling uneasy, but your Grandmother only passed away 5 months ago.
You cannot expect any settlement for at least 6, and more likely 9 months after her passing.
During that time the administrator has plenty to occupy them, and I would not (and I did not) keep the beneficiaries informed when I had to settle an estate.
There isn't time, and continual phone calls and postage deplete the estate. Remember you are not the only beneficiary.
She advised you that you were a beneficiary and that she would be in touch, probably late March.
I hope you are worrying unnecessarily.

[Lunamama]

Re: Non communicative executor to beneficiaries

I hope so too. I'm just unsure as to why she just hasn't even had the politeness to respond once just to update us.

She didn't get in touch with us initially, we had to contact her. Which makes me wonder if she was ever going to contact us about any of it.

I know the timeframe is still very early.
Im trying to tread the nicely nicely approach as we need to be respectful.

[wales01man]

Re: Non communicative executor to beneficiaries

Can I suggest a polite phone call you could ask if they need any help with settling the affairs of the deceased?

[Lunamama]

Re: Non communicative executor to beneficiaries

Thats all been done. Voicemail messages, text messages etc zero has come back.

These are the messages I have sent:

1.
Hi again, Excuse my ignorance, but shouldn't I have received something in writing? Do you need my address for any correspondence? If you could send me the necessary information surrounding solicitor that would be great. I appreciate that the will is not a public document, but as a beneficiary I would like to see it please. Many thanks.


2.
Hi. I'm unsure if you received my previous message as my phone has been having some difficulties. I wasn't sure if you need my address in order to send official correspondence or not. I thought I might have recieved something in writing from either yourself or the solicitor as it was my understanding that I should have been formally notified. I may have this wrong but I have been told by a few people I should have been contacted rather than us contacting executor/solicitor. If you can please give me the details of the solicitor so I can pass my details on to them that would be great. In addition, I would also be very grateful if I could see a copy of the will as a beneficiary. In regards to the photographs, I know Nonna had pictures of Nonno when he was a soldier etc. Obviously you can understand that these are precious to me and is something that I would really like to be able to see/get copies etc. I will await to hear from you. Many thanks.

3.

Hello. I'm still unsure as to whether you have recieved previous messages as I have not heard from you. I really don't want to harass you. Do you need my address for any correspondence? From the information you have given me, it is my understanding that we are the residual beneficiaries. I have been informed that if this is case that I have the right to see the will and accounts despite them not going through Probate. In addition I have recently been informed that you are travelling over to Italy to deal with the estate over there. It was my understanding that you had no knowledge of anything in Italy. I have also been informed from a few sources that my sister and I are the main beneficiaries over there also. I appreciate this matter is very sensitive and I do not want to be inflammatory or be deemed as being aggressive. If you could please: communicate the details of exactly what is going on with the italian side, pass on the details of both the italian solicitor and uk solicitor I would much appreciate it. I do not feel that this is an unreasonable request, nor is requesting a copy of the will and accounts. I will await your response. I would appreciate open communication about what is happening to prevent any suspicion/confusion arising. Many thanks.


4.
Hello,


I am writing yet again after receiving no response from the messages or phone calls.


I appreciate you probably have a very dim view of us in light of past situations and there are underlying tensions between us. I am not going to go into what has gone on nor am I going to make excuses. I have my reasons for how I handled certain situations. All I will say is none of us asked for any of the past situations.


Your lack of communication about the status of everything is rather disconcerting.


As the executor of the will I understand that it is your legal duty to follow out the wishes of Nonna and act in the best interests of the beneficiaries. Myself and N have contacted you numerous times with no response apart from one initial message. I am
Assuming that the meeting you are talking about facilitating at the end of this month will take place at a solicitors office, namely the one holding The will?


We had to find out you were travelling to Italy from a third party and after I called A to confirm this and finding out he was the other executor. I am not looking for a fight, nor am I trying to be aggressive. I am unsure as to why you a being so uncommunicative. We just wish to be kept up to date.


I understand that there are loose ends to be tied up and that these situations are not simple, but from the little information that you have given us and the fact that it has not gone through probate makes us think that it has been a reasonably simple estate to manage. I'm also guessing that the main complication is the assets in Italy from the sale of the apartment . It is to my knowledge that A had power of attorney and did not co-own the property.


It is my understanding that you are travelling there on 12th March to deal with the will and tie up all the loose ends there.


I will await your response. If I do not hear anything then we will have to start legal proceedings.


Many thanks

5.

Good morning, apologies for this early message. It is nearing the end of March and we are awaiting correspondence regarding the meeting you mentioned to facilitate the distribution of everything. What was the situation in Italy? Is there anything that we need to do? I would really appreciate some communication as none of us want to get solicitors involved. I'm a new mum and really can't afford the stress of it nor afford it financially. I would really appreciate it if you could communicate to us. Many thanks.


As as you can see I think I have remained polite and am not being too demanding I don't think. We have called a few times but not received anything back plus she has diverted our calls deliberately.




What am I to do?

[des8]

Re: Non communicative executor to beneficiaries

In your first post you suggest that there are only three beneficiaries, but your last post suggest you are only residuary beneficiaries.
Do you know the true position?
Is the executor a beneficiary?

There is obviously a lot of history between you, but it seems from your postings that the executor is doing her job, which doesn't necessarily include keeping the beneficiaries up to date.
I'm guessing that due to what has happened in the past she is not going to communicate with you until she is ready.
I don't think there is much you can do about it at the moment, and threats of legal action IMO are premature.
What legal action were you contemplating?

[Lunamama]

Re: Non communicative executor to beneficiaries

There are three beneficiaries of the entire will to my knowledge: myself, my sister and my niece. 50% to me, 25 % to both my sister and niece.

As far as I know over here the executor is not a beneficiary. She has been left something in Italy according to relatives over there but I'm unsure what. This is the tricky part as we don't know how to go about getting info regarding what's happening over there.

I was considering getting a solicitor to write a letter or gain advice on our rights etc. I don't want legal action as it's stressful etc.

i agree about the history between us causing her to not want to communicate,. I guess I just want to know what's happening or when we can expect to hear. I've never demanded to know figures etc. I was told that I should have recieved a letter outlining amounts etc but I haven't. I'm not going to demand anything along this lines as I think it's distasteful considering our position and past history. However, transparency would be preferred so we all know where we stand,

[des8]

Re: Non communicative executor to beneficiaries

All the executor has to do is distribute the estate of the person who has died in accordance with the terms of the deceased's will.
This involves identifying the estate, paying any outstanding debts, obtaining relevant tax clearances etc.
It does not involve keeping the beneficiaries informed, and having a solicitor write a letter won't (if the executor knows her rights) produce any result except a bill from the solicitor.

I suppose you could apply to the Probate Registry for an order to exhibit an inventory and account regarding the administration.(Administration of Estates Act 1925 sec 25 (b)) but IMO it isn't worth the candle yet as there doesn't appear to be a problem.

Regarding Italy I regret I can't help

[Lunamama]

Re: Non communicative executor to beneficiaries

Thankyou for taking the time to respond. So just to confirm the executor doesn't have to

1. Communicate to us
2. Show us the accounts at all?

How do we know she has been honest?

[des8]

Re: Non communicative executor to beneficiaries

1. correct
2. a prudent executor will produce final accounts and obtain all beneficiaries agreement to them BEFORE releasing legacies to beneficiaries.
It is at that point you can check honesty, and ask for confirmation about matters which you, as a beneficiary, are unhappy.

[Lunamama]

Re: Non communicative executor to beneficiaries

So we have still had no correspondence. Someone informed me that she should not have disposed of my grandmothers belongings without consenting us and broke the law doing this? Is this true?

Also in the last post you said that we should be shown accounts before releasing the legacies. What if she does not do this?

How ow can we check for honesty? Does she have to open a special account as an executor?

[Lunamama]

Executor disposal of belongings and non communication

Hi there,

Have posted previously regarding a very non communicative executor. Literally no communication in a number of months.

After speaking to a solicitor and explaining the situation, they have said some concerning things.

Namely the executor has said she donated the contents of my grandmothers property to charity. This is apparantly not allowed to be done, the contents should have been placed in storage and she may have broken the law. Is this correct? Also if my sister, niece and I are the sole beneficiaries, is she allowed to keep items such as photographs etc or is everything in 'the estate' ours?

It is a very fractured relationship and the lady who is the executor can be extremely spiteful. The problem I have is that we are unable to gain a copy of will as it is not in probate, so We dont actually have any idea what it says etc.

The lack of communication is very suspicious. She has blocked my sisters number to her phone, she is not returning any calls nor messages.

What are the legal rights as beneficiaries?

What happens if the executor does not produce accounts?

Can an executor stop the beneficiaries from receiving inheritance?


Im getting concerned as there has been zero communication apart from the executor apart from one initial message.