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JGM, Solicitor
Category: Law
Satisfied Customers: 9970
Experience:  30 years as a practising solicitor.
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2 Brothers - Michael and Alan - have joint ownership of a car

Customer Question

2 Brothers - Michael and Alan - have joint ownership of a car and number plate as defined in mother's will who died some time ago. Mother's will recently discovered by Alan's wife. Alan died June 2011. Michael has taken ownership of plate (value c.£30,000)and car. He was an executor of Alan's estate together with appointed Solicitor which was filed as complete Jan 2012. Michael has prevaricated on distributing residue of Alan's Estate i.e. numberplate since matter raised September 2011 with Executor Solicitor.

If Michael refuses to establish timetable for disposal of numberplate or transfer into reserved status as defined by Min. of Transport what are the options available to Alan's Widow?

Can costs be awarded against Michael? Can damages be awarded against both Executors for deliberate deception as both were Executors of Mothers and fully aware of ownership details. Widow has been trying to resolve this matter for 18 months. Michael originally said he was the rightful owner of the car and number plate and originally offered £1000 to Alan's widow as a settlement.

Full correspondence available.
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Alan's widow, presumably as his executrix, has the right to ensure that all monies due to Alan's estate are paid, including everything that was due from his late mother's estate.

She is getting the runaround from the other beneficiary who is also an executor and the solicitor executor has possibly been left in the dark as regards XXXXX XXXXX and number plate.

The remedy under the law of Scotland where an executor or executors are not doing their job properly and are refusing or delaying to finalise the estate in accordance with the will is to raise an action for count, reckoning and payment. In other words the executors are made by the court to account for the estate and what they have done with it, and pay the beneficiary the amount due as a matter of law.

Such an action can result in an award of expenses being made against the executors and of they have spent the estate the court can award damages to compensate the beneficiaries who have lost out.

As there has been deception this could also be considered a criminal fraud and could be reported to the police as such.

I will be happy to follow up any issues arising.

Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Law
Satisfied Customers: 9970
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Was replying but the internet line went down yesteday!


Actually the Executor Solicitor was aware of the numberplate issue but did not respond to our requests for detail from the mothers will - she was the Executor solicitor for that estate also. She tried to negotiate a price with Michael rather than tell him he was negligent in claiming the numberplate for himself. It appears she is part of the deception although no doubt she will claim that her duties were to consolidate the details of the estate and not necessarily to distribute it. She did not note the existence of the numberplate as an asset in the sending the finalised the estate.


Assuming Alan's widow cannot finalise this issue satisfactorily will she bring bring an action in the Peebles Sherrif court or some other court? As the details are now transparent does she need a local solicitor or do it herself? She lives in England but the settlement of the Estate was transferred to Pebbles where She and Micheal live.

Expert:  JGM replied 3 years ago.
The number plate ought to have been included as an asset in the estate.

The action should be raised in Peebles Sheriff Court. Alan's widow will need to instruct a solicitor of her own as This type of actions an ordinary action and a solicitor is needed to handle the drafting of court pleadings and dealing with the various rules and procedures.

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