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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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The executor of my latemothers will has had destroyed many

Customer Question

The executor of my latemothers will has had destroyed many items in the property as individually the auctioneer felt they were of little value. cumulatively they were worth about 5000 and many were of great sentimental value including photos books medals etc. she lives 350 miles away is in her 80s can i use a section 6 order to remove her.
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Has the executor obtained grant of probate?
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Who is the beneficiary of the chattels in the will?

Did she instructs the auctioneer to get rid of these?
Customer: replied 3 years ago.

hi not specifically although many of them were mine became estranged 30 years ago and left them in house on death of my father at that time have also ascertained that she got my mother to take out a equity loan with 34 per cent of hse being charged to them although had plenty of money in bank. She told auctioneer to sell anything of value but auctuiioneer selected the best and had rest destroyed. she will not disclose where my mothers jewelry is either.

Expert:  Jo C. replied 3 years ago.
Thanks for the information.

The removal of an executor is not to be undertaXXXXX XXXXXghtly because if you lose then you face substantial adverse legal costs against you.

You will find a very helpful article on the point here

http://www.stjohnschambers.co.uk/wp-content/uploads/Removal-of-executors-practice-and-procedure.pdf

Unless you are named as a beneficiary in your late mother's will then you have no right to even see the will until it is admitted to probate and no right to know where the jewellery is.

There is another potential issue in trying to remove the executor in this particular case and that is that because you have been estranged for 30 years you have no proof these items existed, or the value of I imagine? In addition, the auctioneer, who would be deemed to be an expert in this, decided that they were of little value and the court is likely to agree with that view.

I am sorry if this is bad news for you

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thanks i am joint beneficiary with executor get 25000 plus 50 p cent of bal val of estate plus 50 percent of value of house after deducting the npi equity release. I was told abt auction day of sale as exec says she cldnt find me a friend took 6 min to do so. exec is almost a millionaire and is just being bloody minded i am a pensioner and need every penny. i believe there is a substantial fraud element in this . thx neville.

Expert:  Jo C. replied 3 years ago.
If there is fraud then you need to get some proof and go to the police. They will not carry out in-depth investigations unless you present them with some concrete evidence.

Unfortunately, if you go to court to remove her as an executor and she defends the action, you could face a bill of at least £10,000 in adverse legal and court costs and perhaps more if your application is not successful.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience: Over 5 years in practice
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Customer: replied 3 years ago.

Thanks for advice I have had copy of will. Is there any way i can force exec to tell me whereabouts of and or value of the jewelry or am i wasting my time.

Expert:  Jo C. replied 3 years ago.
Its always best to be transparent because all being secretive does is raised suspicion.

If you think you have grounds to contest the will, you can make an application to court for pre-action disclosure to make them disclose the whereabouts of assets and the extent of them.

Once again, it does involve a court application and if you do not get the order for any reason, it could be expensive
Expert:  Jo C. replied 3 years ago.
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