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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33546
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am a beneficiary of a will and two of my siblings are executors

Resolved Question:

I am a beneficiary of a will and two of my siblings are executors and beneficiaries. We are almost at the distribution stage of the estate. However the accounts are in dispute and one executor is trying to claim expenses for removal chattels to her home and for personnel legal advice (which has nothing to do with affairs of the estate). This is challenged by the second executor. I too think the expenses are unjust. The executors are at a stalemate. What can I do to help proceedings. Is there any legal course of action open and who would pay? Is the first executor liable for claiming unreasonable expenses.
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhy were the Chattels moved at all?
Customer: replied 11 months ago.
Hi Clare
These chattels consisted of furniture from my Mother's house. We agreed who could have what. It was necessary to remove these items from the house so that its sale could be completed. One of my sisters (executor 1) and brother (beneficiary but not executor like me) are claim to expenses ( a man and a van ) to move these items to their respective homes. I believe this sets an unfair precedent as I have yet to collect furniture from my brother's house and I'm not claiming expenses. I live the further away and by expenses would be considerable.
Expert:  Clare replied 11 months ago.
HiJust for clarity - they removed all of the items - not just the ones they were having?
Customer: replied 10 months ago.
Yes I think all chattels were removed.
Expert:  Clare replied 10 months ago.
OkWhat was the legal advice about?
Customer: replied 10 months ago.
One executor (sister) and one beneficiary (brother) are claiming expenses for moving chattels from my Mother's home to their respective homes. My other sister (also an executor) does not agree with this claim and nor do I as I have not collected the chattels (from my brothers house) and nor do I intend to claim expenses. The accounts are at a stalemate. What can I do as a beneficiary? Can I "fire a legal shot across the boughs" at my first sister to try and move things along.
Expert:  Clare replied 10 months ago.
Is that what the legal advice was about?
Customer: replied 10 months ago.
Yes. I feel frustrated that I cannot move things along. My second sister has asked for support hence this question.
Customer: replied 10 months ago.
Hello Clare
I don't think you have answered my question, Perhaps due in my part in not making myself clear. We are at the distribution phase of the executing my Mother's will. The whole process is has been going on for nearly two years now in part due to my first sister. We are at a stalemate because she wishes to claim unreasonable expenses (which other sister and executor does not agree with and nor do I). What can I do? I feel helpless and frustrated. Can I threaten to sue sister one for not putting her interests before that of the beneficiaries? What are other legal actions are open to me to help break the stalemate? Your suggestions would be welcome.
Expert:  Clare replied 10 months ago.
I am afraid that in fact she was entitled to claim both for moving the items and for the legal adviceShe is entitled to claim for the removals since ALL the items were moved - not just those belonging to herIn addition as Executor she is entitled to seek legal advice regarding the dispute and this is an allowable expense.The only legal action open to you would be to apply to have her replaced as executor - and if you do that on the basisof these claims you will not be successfulI appreciate that this is not the news you were hoping for but it is important that i do not mislead you in any wayPlease ask if you need further details
Clare, Solicitor
Category: Law
Satisfied Customers: 33546
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 3 other Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi Clare sorry for not replying earlier as I've been a little unwell.
We are almost at the nub of my problem and I just wish to make a few clarifications before I give you my feedback.
My first sister's dispute with the second sister was before probate was granted. I do not know the details but I know that my second sister sought legal advice but has not claimed for it. Are you are saying first sister is entitled to claim for legal advice from mother's estate in the course of of fulfilling executor duties?My second clarification is that is that if my brother and sister are claiming for all chattel removals then their claim is justified? However if they claiming for removal of chattels for themselves (and no other party) than this is not justified.Thanks
Expert:  Clare replied 10 months ago.
You are correct in your understanding of both points

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