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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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My Son in law's two Uncles are the Executors to s late

Resolved Question:

My Son in law's two Uncles are the Executors to his late Fathers Estate. They have drawn up a Deed of variation which contains an indemnify clause indemnifying them for any wrong doing whilst adminstering the Estate. My Son Inlaw asked for a statement of account nine months ago but they will not supply one. His Father will have been dead for two years in two months time and he has been told the deed of variation runs out in two months time as well. What will happen then and what action can be taken by my Son in law against the Uncles who will not even speak to him ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first.

Why is a Deed of variation needed?

Customer: replied 1 year ago.
Because my Son in Law asked them to step down as Executors, they then said we need to prepare a deed of variation which they have done with the clause indemnifying them against any wrong doing. He said he would sign the Deed if they supplied him with a statement of account but nine months later they have not.
Expert:  Clare replied 1 year ago.

Why did they need to step down?

Customer: replied 1 year ago.
Because they were dealing so slowly with the matter. They had also banned my Son in law from his parents house and were openly hostile to him.
Expert:  Clare replied 1 year ago.

What is the extent of the Estate and is he the sole beneficiary?

Customer: replied 1 year ago.
A house mortgage free and a bit of cash, his brother died a year ago leaving everything to him, so he is the only benficiary.
Expert:  Clare replied 1 year ago.

What explanation has been given for the delay?

Customer: replied 1 year ago.
There has been no explanation from them at all they are just holding back from distributing the Estate and say they have every right too. The thing that worries my Son in law most is what happens after the deed of variation expires in two months time ?
Expert:  Clare replied 1 year ago.

Is there a solicitor involved?

Customer: replied 1 year ago.
my Son in law has one whose only advice is to talk to them which they won't agree to, they also have a Solicitor who advises them, being paid out of the Estate.
Expert:  Clare replied 1 year ago.

have you seen a copy of this Deed?

Customer: replied 1 year ago.
No I haven't but the only thing my Son in law doesn't like about it is the indemnity clause.
Expert:  Clare replied 1 year ago.

It is inportant to know exactly what the Deed says you cannot replace Executors in this way

Customer: replied 1 year ago.
I'm sorry your right I got the wrong end of the stick (removal of the Uncles was discussed but not progressed). Instead, my Son in law says the Deed of variation was asked for so that his brother who died when the Uncles were wrapping up his Fathers estate was taken out of the equation so that they distributed to only my Son in law. That is what the deed says however they inserted the indemnity clause and have refused point blank to give a statement of account and without it my Son in law is unwilling to sign the deed. It runs out in two months, will the Uncles have to distribute to his dead Brothers estate as well as my Son in law when it runs out or else what happens ?
Expert:  Clare replied 1 year ago.

Did his brother leave a Will?

Customer: replied 1 year ago.
No he didn't but my Son in law's Solicitor has wound up his Brothers Estate in favour of my Son in law having got the letters of administration. My Son in law is the last surviving person his Mother,Father & Brother have all died..
Expert:  Clare replied 1 year ago.

Poor young man.

I see no basis on which this Deed of Variation is necessary.

If it is not made then the money goes into the Brother's estate and then to your son in law - so he has no need to worry about the time limit.

Instead he should be writing to the Executors pointing out that they are personally liable to him for the prompt administration of the estate and that in the vent of further delay he will

apply to the court to have them replaced since they appear NOT to be administering the Estate correctly

He should also point out that they may be liable for any expenses incurred which were NOT necessary.

Please ask if you need further details

Customer: replied 1 year ago.
Thank you for that, what about the Statement of account, do they have to supply one as they have refused for the last 9 months ?
Expert:  Clare replied 1 year ago.

No they do not have to do so until the Estate is wound up

Clare and other Family Law Specialists are ready to help you

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