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Clare, Solicitor
Category: Law
Satisfied Customers: 34902
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Iam entitled to £120,000 under the Will of my late mother.

Customer Question

Iam entitled to £120,000 under the Will of my late mother. My brother is the executor. Am I entitled to:

a copy of the executor's bank accounts for the period of the administration
a final distribution/estate account
if the estate has sufficient assets to pay out all beneficiaries and there is a total absence of any debts or claims against the estate, does the executor have legal right to avoid paying my legacy in full.
the estate contains my late mother's house. As a residuary beneficiary, the executor has retained the house and has been refurbishing it for his own benefit. The house needs to be sold to pay my bequest but he has voluntarily elected not to do so to my detriment.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity no one was left the house - it just formed part of the Estate is that correct?
You however were left a certain sum with the rest going to your brother?
Customer: replied 3 years ago.

I confirm that no one was left the house. It just formed part of her estate. She left £10,000 to two grandchildren, £120,000 to me and the rest to my brother. She left savings of around £79,000 and the house which he valued at £265,000 (although it is worth £425,000). Hope this assists


Expert:  Clare replied 3 years ago.
As Executor your brother is personally liable to you for administering the Estate correctly and meeting all the bequests from the assets available to the estate
Accordingly he has to sell the house (assuming he does not wish to raise a mortgage on it) to pay you your bequest.
Once a year has passed since your mothers death you are entitled to interest on the bequest at 8% per annum
If he fails to market the property to pay your legacy you can apply to the courts to have him replaced as Executor for maladministration
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Thank you. You did not inform me whether I am entitled to a copy of the Executor's bank accounts for the period of the administration of the estate and finally a copy of the final estate account. Please advise.


Having done a search at the Land Registry, I now know that he has transferred my mother's property into the name of himself and his wife, despite the fact that he has not paid by £120,000.


I presume this means I must apply to the court. Please confirm.

Expert:  Clare replied 3 years ago.
Since you are not a Residuary beneficiary you are not entitled to copies of the accounts or the statements.
However you are entitled now to sue your brother for the money that he has misappropriated by transferring the property into his own name and that of his wife.
In effect this actually amounts to fraud