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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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- I'm an executor along with 2 others of my father's will.

Resolved Question:

Hi - I'm an executor along with 2 others of my father's will. I live in New Zealand and incurred considerable travel expenses getting to the UK to arrange his funeral and sort out the administration of his estate. I've been informed that one of the other executors is going to object to paying any travel expenses. Are there any procedures to resolve this? All 3 executors are also beneficiaries.
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask how many times you have travelled to the UK please - just once, or more than once?
From what you say you travelled to the UK in large part (it need not be exclusively) to attend to administration of your fathers estate. Do I understand this correctly?
Customer: replied 2 years ago.

Hi - I traveled twice to the UK after the death of my father. Once within a few days of his death for a month, this was to arrange collection of the death certificate, arrange the funeral, arrange the wake, ensure the house was secure, start the administration and arrange solicitors, and once for another month to sort out the house and remove all the chattels from the house prior to exchange of contracts.

Regards

Bob

Expert:  Joshua replied 2 years ago.
Thank you. based on what you say, it appears to me you are able to demonstrate that both trips were in order to attend to administration duties under your appointment as executor. As an executor, you are able to claim out-of-pocket expenses for any costs you incur necessarily as part of your administration duties. Such claims must be reasonable - e.g. a business class ticket or higher would not be reasonable because an economy ticket would suffice and accomodation costs must be appropriate and so on.

If you decided to fly in a higher class than economoy or stay in five star hotels etc for example you would be limited to claiming for an economy ticket and bed and more modest accomodation with you paying the difference from your own resources.

subject to the above, you are able to claim all reasonable expenses necessarily incurred by you when you can show that expenses were incurred as part of your administration duties and this cannot be successfully challenged. That you happen to live in New Zealand as opposed to for example a few miles down the road and so your travel expenses are higher does not defeat your right to claim.

Providing you can show the that each expense claimed satisfies the three criteria I have highlighted above, the claim is entirely proper and valid.

Can I help you with anything else or has the above answered your questions satisfactorily?
Customer: replied 2 years ago.

Hi - thanks for this - but my question is what is the procedure to pursue this and rsolve the dispute? Does I mean I need to go to court?

Regards

Bob

Expert:  Joshua replied 2 years ago.
My apologies. All three of you areexecutors and therefore you will need to reach agreement with regards ***** ***** of the estate before it can lawfully take place. Therefore, from a practical level, it is in all of your interests to resolve the matter as quickly and inexpensively as possible.

If you are unable to reach agreement with the other executor(s) then you would need to sue the executors for the monies you are owed in the county court. If you have access to an address for correspondence in the UK, this is very simple and can be issued online using the course online issuing service (link below). If you do not have access to a UK address for correspondence then it is slightly less straightforward to issue the claim because you will need to first apply for permission from the court to serve out of jurisdiction using form N510.
https://www.moneyclaimsuk.co.uk/PDFForms/N510.pdf

However, if you have access to a UK correspondence address as above, you can simply issue a claim if necessary against the other executors using the following link:
https://www.moneyclaim.gov.uk/web/mcol/welcome

You would need to have available is evidence a set of invoices or receipts for each of the expenses you are claiming and prepare a brief schedule detailing your total claim together with evidence of your appointment as executor either in the form of a copy of the will or grant of probate.

Does the above answer all your questions or is there anything I can clarify or help you with any further?
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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