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Hello I would be grateful to know what rights the executors of a will have. Mum passed away and left my sister and cousin as executors. However I have been shut completely out of the whole situation, although I am a beneficiary along with my sister. I was told by them that I was not allowed to go to the probate meeting at the solicitors, I have not been shown any records entered to the probate application. I know mum had lots of shares, premium bonds as well as the house and money. How would I know if they had all been submitted. Also my sister changed the locks on the house and the alarm number and refuses to give me a key, saying none of this is my business. I am allowed inside the house (which is half mine according to the will) with my cousin executor and notice valuables missing. Having cared for mum for 5 and a half years, I obviously feel very depressed to be left in this situation and wonder if they can do anything illegal as they have told mums solicitors that they only want them to oversee the application of the probate and after want to deal with the house sale and distribution etc on their own. Do you think I have the right to write to mums solicitors or do you think it is adivsable to pay a solicitor to oversee my half. Sorry to go on so, but I am really pulling my hair out as to what is right and wrong. Hope you can help me.
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Re: Probate Questions
If you are a named executor then you have both the RIGHT and the DUTY to oversee the whole process - from probate to distribution -
Re: Probate Questions
Beneficiaries do not have these rights or duties but of course can question decisions/distributions made by the executors and I think you would be wise to take legal advice if you are unhappyComment
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Re: Probate Questions
I am so sorry for your loss and what you are going through (should've said that first) - it's a very hard time - huge sympathyComment
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Re: Probate Questions
Executors have huge responsibility to behave fairly according to the instructions of the deceased and any deviation from this would be very serious indeedComment
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Re: Probate Questions
On reading your post again - if the solicitor is not an executor (actually whether he/she is or not) you have EVERY RIGHT to question their actions and those of the executors. If you don't trust the present situation I would, in your position, definitely get legal advice and quickly. You will inevitably be feeling very fragile and will need someone to both advise you and to fight your corner for you if needs be.Comment
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Re: Probate Questions
To be specific, as MissFm states, acting as an Executor is a task that carries it with duties and obligations.
If those duties are not properly carried out there may be personal liability.
To be clear though, the assets vest in the Executors in full ownership without distinction between legal and equitable interests. Therefore, until the administration of the esatte is complete, the beneficiary/ies can have neither a legal nor an equitable interest in the assets. The effect of this is that the benbeficiary/ies cannot claim the assets until the administration has been completed. This of course gives rise to difficulties where Executors are not conducting thw administration properly.
Although the beneficiary/ies have no legal or equitable interest in the deceased's assets, they do have a right to ensure that the estate is properly administered (this is called a "chose in action").
Where difficulties arise an application can be made to the court by the beneficiary/ies to have the difficulty resolved.Comment
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