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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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A CARER UNCLE WAS APPOINTED AS EXECUTOR IN HIS WILL.

Customer Question

A CARER FOR MY UNCLE WAS APPOINTED AS EXECUTOR IN HIS WILL. IN THE EVENT OF HIS DEATH WE NOW KNOW, HAVING ACCESSED HIS WILL AFTER PROBATE, THAT HIS ESTATE HAS BEEN LEFT IN EQUAL SHARES TO MYSELF (HIS NIECE AND NEXT OF KIN) AND THE EXECUTOR. NOT DISPUTING MY UNCLE'S WISHES THERE HAS BEEN CONSIDERABLE SECRECY ON THE HALF OF THE EXECUTOR WHO WAS A SIGNATURY TO HIS BANK ACCOUNT FOR SEVERAL YEARS.
CAN I REQUEST THAT THE EXECUTOR PROVIDE A DETAILED ACCOUNTING OFTHEIR STEWARDSHIP FOR SAY THE TWO YEARS UP TO AND INCLUDING SETTLEMENT OF HIS ESTATE.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did the Carer have any other relationship with your Uncle - and was he or she an employee of an Agency?
Clare
Customer: replied 2 years ago.

Hello,

The person in question had no other relationship and in the latter years gave uncle general assistance with things like shopping etc when he had restricted mobility. She was not an agency worker and uncle paid her personally as he saw fit.

Expert:  Clare replied 2 years ago.
Hi
For clarity - this person was simply a friend of your Uncle?
Have you any evidence - however vague - of wrongdoing?
Clare
Customer: replied 2 years ago.

No. The only issue is as to whether we are entitled to veryify that everything has been performed correctly and that he disposal of his estate has been correctly applied under the terms of his will.

Expert:  Clare replied 2 years ago.
Hi
Were you sent a set of Estate of Accounts at the end of the Administration of the estate?
Clare
Customer: replied 2 years ago.

Hello Clare,

We do not know as yet whether administration of uncle's affairs has been completed. The executor has made a payment to me pending settlement of some outstanding matters.

Should the set of Estate of Accounts be what I should be requesting. This would still leave the conduct of his affairs over say the last two years not clarified, but perhaps because we do know of any misconduct, that will remain in question, though her apparent secrecy is what has given rise to the issue in the first place.

Expert:  Clare replied 2 years ago.
Hi
Was she acting under a Lasting Power of Attorney registered with the Court of Protection?
Clare
Customer: replied 2 years ago.

she was not

Expert:  Clare replied 2 years ago.
Hi
Did your Uncle have full mental capacity during the last years of his life?
Clare
Customer: replied 2 years ago.

yes, only physical health was impaired

Expert:  Clare replied 2 years ago.
Hi
In that case realistically there is no point in seeking information about the finances prior to his death.
The Carer will simply say that everything was done with your Uncle's full knowledge and agreement and there is nothing you can to do to prove otherwise
You are however entitled to a full set of Estate Accounts detailing all the assets and how they were dealt with.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hello Clare,

I am glad this series of communications are over and feel that if more queries were addressed rather than spread out the experience would have been improved.

The worst aspect is to find the disclaimer of legal advice at the end of the process rather than upfront.

I doubt I shall use this service again.

Expert:  Clare replied 2 years ago.
Hi
I am sorry - the disclaimer is there as of course whilst I am indeed a qualified solicitor all I know about the case is what is written here and accordingly it cannot possibly be seen as anything other than a generalised overview - certainly not the in depth legal advice which would come from a face to face interview and the perusal of the paperwork
I do accept your point regarding the questions - but the nature of the forum means that if all questions are asked at once it is very easy for things to be overlooked and it is even more frustrating to keep asking the same question repeatedly (and frankly seems more insulting)
Clare