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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello, My sister and a friend of my late father are executors

Resolved Question:

Hello,
My sister and a friend of my late father are executors (and Trustees) in his will with a solicitor appointed as administrator. I am estranged from my sister and family.
As far as I am aware, probate has not been granted and there is the family home and cash making up the estate.
Can the executors have funds released from the estate to renovate my late father's home prior to sale?
Do they need permission from all beneficiaries to do so or can they act independently as Trustees?
Once probate is granted is there a reasonable time-frame for named beneficiaries in the will to expect the distribution of funds?
Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have you actually checked to see if probate has been granted, and have you written directly to the Executors at all?
Clare
Customer: replied 2 years ago.

Hi Clare, thank you.

I have a standing search in place with the registry which has not returned any confirmation as yet.

As my sister is a friend of the solicitor, she has taken the lead. I have spoken on the phone with my late father's elderly friend (co-executor) she is pretty much in the dark however, she doesn't believe probate has been granted as yet either (she knows she has further documentation to sign and witnessed but could not remember what these were for).

Thanks

Expert:  Clare replied 2 years ago.
Hi
Is that lady willing to ask the solicitor for up to date information?
Clare
Customer: replied 2 years ago.

Hi Clare,

Sadly, for a peaceful life, she would rather not (leaving my sister to deal with the solicitor). She prefers taking a back seat, signing documents as needed.

However, in the last 3 weeks, my sister advised her she planned to obtain money from the solicitor to repair the house . I understand the solicitor agreed to release some funds for this purpose.

But I have no formal information on this or any other progress hence my need to reach out to the Ombudsman (incidentally the solicitor has told the Ombudsman they do not feel they need to address complaints raised by myself in this matter so have failed to provide them with the requested information).

Thanks

Expert:  Clare replied 2 years ago.
Hi
May I ask when your late father died?
Clare
Customer: replied 2 years ago.

He passed away 23rd February 2012. Just to add, the last update the solicitor provided me (last year) stated probate would be forthcoming in February 2013.

Thanks

Expert:  Clare replied 2 years ago.
Hi
In that case you should write a formal letter to both Executors asking for an explanation of the delay and stating that if you do not receive a reasonable explanation within twenty eight days then you will consider making an Application to the court to replace them as Executors
In terms of your queries the executors do not have to consult the beneficiaries and can indeed use funds to repair the property if necessary
With regard to distribution this is dependent on how long it take to dispose of the assets
Since over a year has passed you will be entitled to interest on your inheritance
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you Clare,

1. Would all beneficiaries need to agree on the replacement of an executor? (I know my siblings would not agree to replacing an executor).

2. Can the court designate an executor if one is replaced?

3. Are the costs to do so payable from the estate or my own pocket?

4. Would the solicitor automatically add interest to the inheritance or would I need to apply for this?

Thanks

Cyrus

Expert:  Clare replied 2 years ago.
Hi
1. you are entitled to make the application and the court will decide if it is justified or not - whatever the other beneficiaries say
2. Yes this can indeed be part of the court order.
3. Your costs come from your pocket - those of the executors come from the estate
4. When you receive your inheritance you can ask for the breakdown
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Hello,

Since my earlier question, I am aware probate has still yet to be granted, however I have further learned from a niece staying in the family home (rent free) that one of the Executors (her mother) is renting out a spare room in the family home to a church member.

Is this allowed? I'm not sure where the rental income is going...

Thank you

Expert:  Clare replied 2 years ago.
Hi
Yes it is allowed - but the rental income will have to be accounted for
Clare
Customer: replied 2 years ago.

Thank you Clare,

I have a strong belief my estranged siblings have brought this person in in order to obtain an income and have not informed the solicitor administrating the estate. They have a history of financial abuse against my late father who suffered with dementia before he passed.

Should this money be declared as an income to the estate? What can I do, if anything to stop what seems to be an abuse of the estate?

Regards

Expert:  Clare replied 2 years ago.
Hi
What you can do is as set out above I am afraid
Clare
Customer: replied 2 years ago.

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