Ohhh my head, Friday produced another letter from the estate's solicitors to my solicitor which was full of information that seem contradict the information I have. I think even my solicitor is getting peeved. Anyway I have written to the reserved executor so 'we' will see what that produces. They should issue boxing helmets to beneficiaries so that the metaphorical banging of one's head against a brick wall doesn't hurt so much.

Ta Mozz1, I stand corrected.

Ta. I'd guess I will be speaking to my solicitor either tomorrow or next week, so see if they have heard anything, and I'll see what the state of play then is.

I am glad things are moving even if do to unfortunate circumstances but I am led to believe that the executor of the deceased executor's estate becomes an executor of 'your' estate. You might want to look into that.

Mozz1 an interesting post, Ok in layman's terms does [you have] "the right to compell due administration" mean that I have the right to take legal action to force the executor to complete the administration of the will? Re the next two sentences, I take it that the first means I can not object to the sale of an asset simply to be awkward but (2nd sentence) if say the actual cash in the estate was £25,000 and the debts, bequests and expense etc of the estate total £20,000, meaning I stood to inherit £5,000 in cash, I could object to the sale of an asset if the reason for the sale was simply to increase the cash pool of the estate? Re "2. Although you do not legal interest in the assets during the administration, you " is that what you meant to type? Re costs of proceedings, I suspected that if I lost 'I' would be liable for the executors legal costs, thank you for the clarification/confrimation. However if I won would the executor/s be liable for my legal costs? Re "1. Personal action against the Executor......... " , I can imagine two possible scenarios, described below, with regard to action I might take, are you saying that scenario 2 is possible? Scenario 1) I take action against the "active executor", who just happens to be John Doe, in which case the reserved executor who just happens to be Jane Bloggs also becomes a defendant in some shape or form, Scenario 2) I take action against John Doe personally for things he has done or not done whilst an executor of this estate and this action does not draw Jane Bloggs into the proceedings. Thanks.

Just as a matter of interest does "Also a new neighbour parked their car all on the pavement so the wing mirror was touching foiliage in his front garden so the man delibrately squeezed between the gap to push his wing mirror back." mean that the new neighbour entirely blocked the footpath? Occasionally I park on the street outside my house which means on the footpath but I'd have thought it risky to block the footpath entirely.

Three4tea, any update?

Mozzi thanks for the reply, re your last paragraph, sorry I boobed, I left out the critical word "directly", the last paragraph of post 6 should have read. "Re my initial Qu 4) I have spoken to my solicitor and they are not permitted to write directly to the active executor since my solicitor knows that the active executor is repesented in this matter." I am the only residuary legatee, at a guess I inherit about 95+% of the estate. I was aware that I have a right to estate accounts and I have made it clear that I expect these and for those accounts to be detailed, I suspect that that annoyed the active executor. Your paragraph 3 is very useful to me, thank you, likewise paragraph 5.

Thanks Mozz1, it would be my guess then that it would be pointless to contact the inactive executor. There is very little chance of the other beneficiaries complaining, they are kin to the active executor and suffer no loss as they recieve specific bequests. Re my initial Qu 4) I have spoken to my solicitor and they are not permitted to write to the active executor since my solicitor knows that the active executor is repesented in this matter.

I would like to point something out but bare in mind I am not a solicitor etc so my wording maybe flawed. Whilst reading various inheritance/probate/will threads on various forums I have seen several threads where beneficiary A has "bought out" beneficiary B from a shared inheritance asset but subsequently beneficiary B has taken action because they, at a later date, have felt that they had not been paid a fair price for their portion of the asset. If you do buy your sister out of the house then I'd suggest that, in writing, it is made clear that the agreed price is agreed and is full and final settlement and that she will have no grounds on which to pursue you later on if the value of the house subsequently increases significantly. In what I have written I assume that the proposed settlement would be fair going by the current market value. I am not being nasty here just practical.

Thanks for the replies folks. Mozz1, re the "estate's solicitors" and undeclared assets, at the minute I do not think that the solicitors have withheld, from HMRC etc, anything relevant that was known to them. If the assets I am concerned about are undisclosed then I am quite prepared to believe that the non disclosure is down to the executor not informing the solicitors. However these assets have now been drawn to the attention of the "estate's solicitors" by my solicitor. With regard to your answer to my third question, what are the current consequences for the reserved executor if I commence proceedings against the active executor? From what my soilictor has said I got the impression that the reserved executor would, by virtue of being simply a non-renounced executor, reserved or not, be drawn into those proceedings as, presumably, a 'defendant'. Your reply would suggest to me that they might be better off remaining 'reserved'.

Might I suggest you check your staff handbook if you have one or if you are a union member check with the union. I do not know what standard employment law states and I am not disputing anything said by any of the other contributors to this thread but I recollect that in the staff handbook of the firm I work for it says something like all night shift allowances etc will be paid I also recollect that this is also in the agreement with the union.

Hello. I am the residuary legatee and principal beneficiary of a will which looks to be headed for the court room. It is a complicated affair but I have concerns about the management of the estate and possible unreasonable delays in the administration of the estate. Please note I do not have concerns about theft in any shape or form. Probate has been granted. Incidently, when I was informed that probate had been applied for, I was one day away from initiating the citation process to force the extraction of probate. There is and WILL BE no IHT liability. There are two executors but one has reserved their right to probate. During the management of the estate it has suffered a significant financial loss through 'depreciation' of assets. There may also be assets that have not been disclosed to HMRC etc. The active executor has referred my queries to the 'estate's solicitors' and because of that I have brought my own solicitor 'on board'. The management of the estate and these possibly undisclosed assets are the subject of corresponence between the solicitors but the "estate's solicitors" take a long time to reply. The estate's solicitors have told my solicitor that they have had problems contacting or getting instructions from the active executor. I also have concerns about the accuracy of information coming from the estate's solicitors and what appears to be descrepencies between their letters. Question 1) I do not know whether the "estate's solicitors" actually work for the estate or for the person who is the active executor but ....... If the "estate's solicitors" work for the estate and I can justify my concerns about the active executor's management of the estate, do the "estate's solicitor" have any duty to raise these concerns with a 'higher authority', eg a court? Question 2) I am thinking of approaching the Law Society in connection with my "concerns about the accuracy of information coming from the estate's solicitors and what appears to be descrepencies between their letters.", is this wise? Question 3) The on going slowness of the administration of this estate is a major annoyance to me and the most likely cause of me initiating proceedings. Since the inactive executor will be drawn into such proceedings, if I start them, I am contemplating attempting to contact the inactive executor and highlight this 'consequence' of their status. I would hope that they might then wish to 'unreserve' their right to probate and either give the currently active executor a kick up the *** or 'take over' the administration of the estate. Is this a wise course of action for me to take? Question 4) In a similar vein I have thought of asking my solicitor to write directly to the currently active executor to highlight the above possible consequence of their current behaviour. Is that that a good idea and is it a wise course of action? Thanks for reading and for any advice given.

Sorry wrong forum, will a mod please delete this thread