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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10260
Experience:  30 years as a practising solicitor.
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I, along with my brother and my late Mother's solicitor are

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I, along with my brother and my late Mother’s solicitor are executors to her estate but we are having a serious problem dealing with the unwelcome interference of our sister’s husband. More than four years after our Mother’s death, he insists that he is speaking on behalf of our sister, in an attempt to prevent us from receiving our due shares of the estate. The matter was initially complicated by the fact that he and my sister jointly owned a 27 acre ‘farm’ along with my parents. Dad died in June 2010 leaving everything to Mum, then Mum died four months later. There then followed a lengthy battle to agree the value of the farm. We eventually agreed a price for sister and husband to buy us out, taking into account my sister’s 25% share of the moveable estate. The sale is now concluded and duly registered etc., and all other minor beneficiaries have been paid. All that remains is for myself and my two brothers to each receive our 25% share of the moveable estate, but our B-in-law is making every effort to block this by refusing to agree on the already audited final statement of the estate. We do not believe that our sister is in favour of this objection, but will never speak out against her husband. All of our immediate family want this settled but he continues to make every effort to prevent it and try to squeeze more money for our sister (in reality, himself), by refusing to agree to the final statement. Every time we see final settlement on the horizon, he throws another spanner in the works by disagreeing on something which it would appear, prevents our solicitor from paying out the remainder of our parents’ money to us. We have all asked this question of our solicitor, but what right do we have as executors to draw the line on the basis that he is being unduly disagreeable in order to satisfy his own greed? He has gone way beyond any reasonable persons’ definition of protecting our sisters’ interests. We have no desire to prevent our sister from receiving every penny of her due share, but he wants more than that and is seemingly intent on preventing us from concluding this on fair and equal terms. It feels like we have hit an immoveable brick wall. Any suggestion would be more than welcome.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a Scots solicitor and will help you with this.
In short, it is normal practice for executors to seek a discharge from beneficiaries before finalising an estate. However, in circumstances where it is plain that a beneficiary or its representative is being obstructive, it is open to the executors to adopt a "put up or shut up" stance by rejecting the beneficiary's position and finalising the estate.
So, unless this person has any valid points to make you should be instructing the solicitor to pay out. If the solicitor is concerned about his own liability as executor he can protect himself by resigning as executor and then taking the instructions of you and your brother to finalise the estate.
Unless there are any large value issues, I doubt that the brother in law and sister would go to court thereafter.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Thanks for your reply.

Based on the volume of previous correspondence and the length of time that we've been waiting for his solicitor to review and forward his latest 'detailed' objections, which we are assured are in the pipeline, I can only assume that our own solicitor is being extremely cautious. He wants to see the back of this just as much as we do. There are no large value issues, but the 'in-law' is known for his refusal to let go once he gets his teeth into something like this. The word 'obsessive' doesn't even come close.

Our solicitor has so far avoided any suggestion that we do actually have the right to close this matter, even under these extreme circumstances, but I'll wait and see what next week brings then consider our options.

Thanks again,

CRW

Expert:  JGM replied 2 years ago.
Let me know if I can help you further once you do that.
JGM, Solicitor
Category: Law
Satisfied Customers: 10260
Experience: 30 years as a practising solicitor.
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