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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Do i have to apply court order so as to force the

Resolved Question:

Do i have to apply for a court order so as to force the exexcutors of a will to release the funds from an estate. My mother died in march 2013 and the probate relating to mother's will was granted in march 2014.The accounts were finally signed by the executors in nov 2015 yet they still refuse to release the funds. I am assured by the solicitor dealing with this matter that all through this lengthy business he has had to constantly push the process along
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.What explanation is being given for the delay?
Customer: replied 1 year ago.
I have not been given an explanation for the delay and to be quiet frank I not really interested.I feel this saga has gone on long enough .For your information there has been a long running conflict between the male executor(my brother) and myself with the other executor( my sister) siding with him I won't go into family history but both have stolen money from my now deceased parents
Customer: replied 1 year ago.
Sorry I feel you should know this, when my brother took control of the running of executors by my sister consent he took ages to respond to the solicitor so I wrotehim a real "snotty" e-mail talling him to get on with it and conclude the affairs. I hope this might provide you with the information you require.
George
Customer: replied 1 year ago.
Sorry i have just noticed the spelling errors, onec finger typing awful
Expert:  Clare replied 1 year ago.
Do not worry - typing is not my strongest point.Your only option is to apply to the court to replace the Executors under section 50 of the Administration of Justice Act 1985.There must be good grounds that would adversely affect the administration and the welfare of the beneficiaries and usually bad relations alone will not be enough. The court considers both the fact that the person making the will chose their executor, and the costs of removing and replacing them. It is not a cheap option - so it is worth sending a warning letter firstPlease ask if you need further details
Customer: replied 1 year ago.
Clare
I know it would be a waste of money trying to remove them all I want is for all beneficiaries to recieve their inheritance.Is the court able to order them to fulfill their duties as executors and conclude this saga.It is ready at the solicitors awaiting distribution. it seems to me they are holding it back through malice. Do I have any alternative avenues
thankyou
George
Customer: replied 1 year ago.
Memory losses sorry! I have sent them via their solicitor (a third party) an e-mail stating I want a copy of the accounts and distribution by 5th May 2016,by the response their solicitor gave me it appears he has stepped aside permitting me direct access to his clients. I stated that as they had barred me from contacting them individually over a year ago then they must meet the date stipulated
Expert:  Clare replied 1 year ago.
Unfortunately the only court action that can be taken is to remove them.However you could write and remind them that they are personally responsible to you for any losses - and that interest is now payable
Customer: replied 1 year ago.
Do you mean to say that if a legal case is not strong enough to remove them then they can delay indefinitly, eg not fulfilling their duties within the bounds of the remit set by the will.That there is no law in the UK that permits beneficiaries a coarse of action to remove them through their actions.
I have heard of the one year from probate step which I assume forces the executors to distribute the will.depressed
George
Expert:  Clare replied 1 year ago.
The fact that they are failing to distribute the Estate is good grounds to remove them - so no they cannot delay indefinitely and if you make the court applictaion you are likely to be successful.The one year rule simply means that after a year interest is payable and again you can apply to remove the Executors if they are not dealing with the Estate properly
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