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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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my aunt die leaving me a 1/3 her estate the executor sent

Customer Question

Hi my aunt die leaving me a 1/3 her estate the executor sent the account out to me but didn't include part of the estate (my aunts jewllery) when we challenge this she said she thought we didn't want it that why it wasn't on the final estate account the executor also has a 1/3 as per the will.she swore the oath can she leave part of the estate off the final accounts
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Unless the jewellery is of minimal value, it should be included in the estate account unless it was specifically bequeathed to a named person in the will in which case it would be necessary to account for the value only for inheritance tax purposes and not for estate division purposes.
From what you say and subject to what I have said, it should have been on the account.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
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Customer: replied 2 years ago.
Is the executor oath important ? As the executor swore it and left details off the executor has also given jewellery away to poeple not in the will
Expert:  JGM replied 2 years ago.
The oath is relevant when getting probate. However, if the jewellery is of no intrinsic value the executor has a discretion as to disposal. The executor has to act reasonably so the question is, did the executor do so having regard to the nature and value of the property.
Customer: replied 2 years ago.
Will I be able to claim the extra legal expenses that have resulted in having to having the jewellery added to the accounts from the executor because she has mis-managed the accounts also the executor has kept cash aswell and not listed this on the accounts.
Expert:  JGM replied 2 years ago.
Yes you can.