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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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I am one of two executors of my late fathers estate. I was

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I am one of two executors of my late fathers estate.
I was served an injunction by two of my brothers (both beneficiaries) after an ongoing dispute over the estate.
The injunction listed a number of requirements including that I sent over to their solicitors all of their remaining monies as well as accounts etc. Everything requested under the injunction has been sent to the claimants solicitors before the deadline date.
My question is; how long do the claimants have to consider the information I've sent. The information was sent over a month ago but I've had no response from their solicitors.

When they’ve considered the information, what is going to be the ongoing issue or claim?

What problems is this causing?

Customer: replied 1 year ago.
The issue is that I'm waiting / or wanting to close the estate down and sign off on the final accounts. After sending numerous documents proving all the estate accounting was intact to their solicitor I've heard nothing. No indication if the information sent was accepted or if the claimants are going to take further legal action.

Notwithstanding their potential claim, are you otherwise in a position to distribute the estate?

If you are, then send a letter by recorded delivery and also by first class post and get proof of posting from the post office counter telling them that further to the previous correspondence they’ve sent, you’ve heard nothing and in the absence of resupply by close of business on Friday, 16 September 2016, you will distribute the estate in accordance with whatever you have previously proposed and close the file.

I wouldn’t distribute it on the 17th, but I would probably give them a few more days and send the second letter saying once again that as you’ve not heard from them by the deadline, you are now in the process of distributing.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.


Customer: replied 1 year ago.
FES, Many thanks,Slightly complicated case so I'll try and expand; my father passed away in March 2014 and left some policies which were distributed between 5 siblings - no issues there. Later on we had (myself and my older sister as executors) an issue with my fathers property that we were tasked with selling. Two of my brothers refused to leave the property (both beneficiaries) although we eventually sold the house once they were removed by the courts / bailiff in October 2015, 19 months after my father passed. They left the property with excessive damage and a portion of their estate money was used to refurbish the property in order to sell it. The executors were served an injunction in June 2016 but money from the estate had already been distributed to other beneficiaries as that couldn't have been avoided - ie, we never knew we would have a court injunction served. All remaining money from the estate has been sent to their solicitor with all requested data. That was done 5 weeks ago with no response to date. Do I still apply the same action set out in your previous response?

Thank you.

If they have all the balance of the money, and that’s what you’re waiting to distribute, then you can use the same timescales but your threat would be for an injunction for them to return the money to you for distribution. Basically, they either have to issue proceedings to have the matted determined by the court or they have to come to an agreement with you as to how the money is to be distributed or let you have it back. They cannot just hang onto it indefinitely.

I’m not certain why the solicitors have got the money but it appears that they got the injunction to prevent the distribution on the basis that they are alleging the brothers are not responsible for the damage and should not have paid for it by deduction from their bequests

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