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Can executors play dirty

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  • Can executors play dirty

    Hi advice needed please. I'm a co executor along with 2 others but the 2 others aren't happy with the will. Can these executors stick together and leave me out of what's going on. I've been told nothing i.e if probates been applied for or who's applied. Could they just dismiss me in it all then tell me that "this is your share" because I won't know what's gone on with the estate etc
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  • #2
    Re: Can executors play dirty

    Hi and welcome

    For starters probate can't be granted unless all executors take part, even if it is only to decline the role.
    If you are concerned they may "ditch" the will and apply for probate "behind your back" you could lodge a caveat.

    Do you know what their concerns are?

    Is this the beginning of a family rift?

    Comment


    • #3
      Re: Can executors play dirty

      Thanks so much for reply. The other 2 executors are children of the deceased I'm a grandchild. The deseased has left the same to me as the 2 other executors. They can't believe this has been done so it's bitterness. The will was done legally with a solicitor and the deseased told sisters brothers etc it was what she wanted to do for me. The 2 other executors don't want me to take what's been left to me is what it boils down to. It's driven a wedge between us now. There was a previous will many years ago but the deseased decided to make a new one and in the previous will I wasn't inheriting what I am now. So they say I should still only get what the old will stated and not as this will States. What do you mean by " ditching the will"?
      Last edited by Overtherainbow; 15th May 2016, 10:12:AM. Reason: Needed to add more info

      Comment


      • #4
        Re: Can executors play dirty

        "by ditching the will" I meant just that they might have tried discarding it.
        Unlikely in view of the other members of the family knowing of its existence.

        Generally all of the executors named would apply for grant of probate on an estate. However, one or more of the executors may apply by themselves subject to giving notice of the application to the other co-executors. The non-applying co-executor may then object to the application, or ask to be a joint applicant.To ensure they try not to side step you, you could lodge a caveat.

        The will has appointed three executors, each of which is a beneficiary.
        Are you the descendant of one of the other executors/beneficiaries, or are there other family members who have been disinherited?
        If that is the case you might find the whole matter becoming very complicated and contentious with high costs.

        Comment


        • #5
          Re: Can executors play dirty

          Yes I'm the child of one of the other executors/ beneficiaries. No family members have been disregarded in the will but my siblings/ cousins will inherite a fraction in comparison to me I would think. All the other family members mentioned in the will know about it but are in the mind set that I shouldn't be inheriting what I will and say it's wrong to accept. The other 2 executors are very angry about it.

          Comment


          • #6
            Re: Can executors play dirty

            They may be angry about it, but do they have any grounds to contest the will?
            Main grounds for contesting are validity & financial dependancy on the testator
            • The will must be made willingly without undue influence from another person
            • The testator must be of sound mind and fully aware of the meaning of the document
            • The will must be signed by the testator in the presence of two witnesses who, not being beneficiaries, must also sign the document
            • The Inheritance Act 1975 provides for the situation whereby a relative that was financially dependent on the deceased at the time of death has a right to claim on the estate if they have been left out of the will.

            Comment


            • #7
              Re: Can executors play dirty

              No none of those will apply. Although one the executors has said the other may contest. It all boils down to them not thinking I should take what's been left to me, their saying it's morally wrong. One of the executors said a couple of weeks ago that he was going to be getting on with the probate stuff, but I've heard nothing and executor won't talk to me, very angry. Does pobate have to be applied for in the area were the deseased died. Would I be able to ring them and see if anything has happened yet?

              Comment


              • #8
                Re: Can executors play dirty

                It is normal for an executor to apply to the nearest probate registry which can be found here:
                https://courttribunalfinder.service.gov.uk/search/

                You can check if probate has been granted here (altho' as named on the will you should be contacted by court prior to probate being granted):
                https://www.gov.uk/wills-probate-inh...robate-records

                As i said before , if you are really concerned about any shenanigans you could lodge a caveat.

                Their "moral" stance is rather amoral, IMO.
                As executors their job is to follow the wishes of the testator.
                To try and thwart those wishes is not only immoral, it is also illegal!

                Comment


                • #9
                  Re: Can executors play dirty

                  Thank you so much for the information you given me. what does a caveat do?

                  Comment


                  • #10
                    Re: Can executors play dirty

                    If you lodge a caveat (https://www.gov.uk/wills-probate-inh...representation) basically no one will be able to obtain a grant of personal representation without your agreement.

                    A Caveat is a legal document issued by the Probate Registry, that prevents a Grant of probate being issued, and has the effect of Stopping Probate.Once issued the caveat will remain in place for a period of some 6 months, until either removed voluntarily by the person entering the caveat or alternatively by an order of the Court. It can be renewed after 6 months.


                    Comment


                    • #11
                      Re: Can executors play dirty

                      Oh I see thank you, I think I need to maybe phone the probate registry that I think will be the one dealing with it and take it from there. See if they can tell me anything.

                      Comment


                      • #12
                        Re: Can executors play dirty

                        Roughly how long does it take to gather the information to a persons estate

                        Comment


                        • #13
                          Re: Can executors play dirty

                          Are you now involved in obtaining probate?
                          Difficult to say how long it takes as all sorts of complications can delay the process, including:
                          • difficulty identifying all the assets and liabilities, for example if the deceased did not keep clear records
                          • complicated financial circumstances, for example if the deceased was a beneficiary of a trust or had made significant gifts during the seven years prior to death
                          • delays or difficulties obtaining valuations, including for any assets held overseas or hard-to-value assets such as private company shares

                          Comment


                          • #14
                            Re: Can executors play dirty

                            I wouldn't think there'd be anything like that. I'm still waiting to hear anything from the other executors but I've looked on the online probate records and nothing is showing.

                            Comment


                            • #15
                              Re: Can executors play dirty

                              As probate has apparently not yet been applied for they ight still be sorting out the tax position.
                              I suppose the estate is not so small that it doesn't require probate?

                              I think you should be writing (signed for) to the other executors pointing out that as you were appointed joint executors you have the same rights and joint and several liability with them.
                              Point out that executors need to agree on settlement of the esate and comply with the testator's wishes and if they refuse to cooperate the matter will end up in court for a judge to decide. The costs will be taken from the estate and this will mean less for everyone!

                              Going back to square one!
                              Have her bank accounts etc been stopped?
                              Have you a copy of the death certificate?
                              Lodge a standing search for probate .
                              Are they intending to use a solicitor? If so contact him and advise him you are lodging a caveat
                              If you know who the solicitor was who drew up the latest will, ask him if they can provide a copy as you are an executor.(just in case the others try to present the earlier will as if it had not been superceded
                              If the assets include a house do an online search to see if it has been put up for sale.

                              Comment

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