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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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I am one of two executors of my late fathers estate. There

Resolved Question:

I am one of two executors of my late fathers estate. There five siblings consisting of 1 x female and 4 x males.I was served an injunction by two of my brothers (both beneficiaries) after an ongoing dispute over an estate a few months back. The injunction listed a number of requirements that made up mainly copies of bank statements / accounting etc. Everything requested under the injunction has been sent to the claimants solicitors before the deadline date but I've had a response for further information.Some background as this is a complicated case so I'll try and explain - my father passed away in March 2014 and left some policies which were distributed between 5 siblings - no issues there. Later on we had an issue with my fathers property that we were tasked with selling. Two of my brothers refused to leave the property (both beneficiaries) although we eventually sold the brothers were removed by the courts / bailiff in October 2015, 19 months after my father passed. They left the property leaving excessive damage; I used a portion of their estate money to repair the damage. The total value of the estate between policies and a house was around £120,000.I have some questions relating to the recent correspondence from the claimants (my brothers).a: Can you check over the attached set of accounts and let me know if the format is acceptable.
b: The executors never opened an executor bank account and used personal bank accounts to collect and distribute monies from the estate. Is this type of practice allowed?
c: One of the original court injunctions was for me to show bank statements of the relevant monies once policies and the house was sold. I have sent numerous statements that show only estate monies - I'm being asked to show my entire personal bank statements for the past 2 years. Is this something I have to do or is "relevant data" the estate monetary transactions alone sufficient?
d: Another brother and beneficiary who we had no dispute with ended up buying the house whilst the dispute with the 2 other brothers regarding the trespass of the property was ongoing. The executors applied for a possession order to have the brothers removed but this expired once the house was sold. My brother and now the legal owner then had to apply for another possession order which was successful but the brothers still refused to leave until bailiffs gained access to the property. My brother bought the house on 3rd July 2015 and got access to it on 29th October 2015! The house required extensive repair work. During the occupation of the house post the 3rd July up to 29th October, and then the period the house was worked on I paid my bother's rent costs for a total of 7 months and deducted that money directly from the 2 other beneficiaries we had the dispute with. Is that legal to deduct their money to pay for my brothers rent costs?
e: While my 2 disputing brothers were getting legal advice their solicitor noticed the Will of my late father had a mistake in it; basically my sister who was an executor and a beneficiary had her Husband sign as a witness a few years before my Dad passed away. My sister was then removed as a beneficiary and didn't receive any monies from the estate. Later on I donated / gifted some of my estate monies so she wasn't left out. Can you tell me if that is legal? Can I gift her some of my money?
f: Similar to the above my 2 disputing brothers were given this legal advice relating to the Will and who could witness but waited until the house was sold and money was being distributed to inform us that we were breaking the law. My question here is should these 2 beneficiaries have raised this as soon as they knew this information?
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

a. No attachment

b. It is not wise, but it does happen a lot

c. i assume that you have "redacted" the statements (lots of black marker pen) - that is sufficient

d. No - the brother who bought the property should have claimed this as part of his court claim

e. You were free to give her some of your share if you wish

f. There was no requirement for them to do so

Please ask if you need further details

Customer: replied 10 months ago.
Hi Claire,Many thanks; can you view the attached and provide feedback.Regards,James
Customer: replied 10 months ago.
Hi Claire,I've sent the accounts example; I'd be very grateful for feedback if you are available.Regards,J Byrne
Expert:  Clare replied 9 months ago.

Personally I would drop the two stages and list assets first, liabilities second and then the distribution

Clare and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you, ***** *****James
Expert:  Clare replied 9 months ago.

You are most welcome I hope all goes well

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