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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3696
Experience:  Solicitors 2 years plus PQE
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A co executor to an estate took over the deceased business,

Customer Question

A co executor to an estate took over the deceased business, liquidated the business and savings leaving unpaid debts , closed part of the business and threatened to close the business in 2012. The difference in bank balances as at death and revealed to the probate solicitor was in excess of £150,000
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Was the business a limited company? kind regards AJ

Customer: replied 1 year ago.
No. He made it limited after death
Expert:  Alex J. replied 1 year ago.

Thank you. Was a liquidator of the company appointed? Kind regards AJ

Customer: replied 1 year ago.
The deceased traded as sole trader and bank account was in her sole name, However, in 2006 the co executor was named joint signatory to the bank account just to assist him with obtaining loans. Upon death I was not aware of the will until after 3 month when the deceased was buried, However, co executor with the assistance of the accountant and solicitor in custody of the will had changed the business into limited co, continued to operate the bank account, changed licences to his sole name. When the bank account was closed it was heavily liquidated. This became obvious in 2015 when the bank disclosed the closing balance to the probate solicitor
Expert:  Alex J. replied 1 year ago.

Hi Thank you. Is your concern that the solicitor has unlawfully taken money from the account? Kind regards AJ

Customer: replied 1 year ago.
From all indications the co executor was aided by the solicitors. This because from the date od death both co executor and solicitor had the death certificate, began to write to creditors, landlords, banks etc but did not notify Llloyds bank of the death until after 1 year of death. The will was read 3 months after death
Customer: replied 1 year ago.
please see above
Expert:  Alex J. replied 1 year ago.

Thank you. ***** understand this correctly, who has actually taken the missing funds? Is it the co executor?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
The coexecutor took the money and liquidated the business