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  1. ...interview it was clear why it had occurred. In January 2013 we lost a close relative and I was executor to the Will. This meant that over the following few months, some large sums of money passed through my account as they were being dispersed from the banks to the beneficiaries as well as paying the estate expenses. In hindsight it would have made sense for us to have notified the council that the funds were passing through our accounts but because only a small amount would end up being legally ours, we knew it wouldn't take us over the threshold and therefore didn't want to complicate matters any further (there had already been several...
  2. ...m writing to ask advice on issues on Probate of the estate of my uncle. My cousin is acting as sole executor and I have concerns over some aspects of the process. I would appreciate views on whether my cousin has performed his duty correctly and whether there are grounds for complaint and who these need to be made to. My uncle died on 22 May 2009. He left a substantial sum with approximately 50% of the total estate being the value of his house. In his Will he bequeathed all his estate 50/50 to his only two sisters, one sister being my mother, with the stipulation that the other sister, my aunt, could reside in the house for as long as she w...
  3. ...Hello. I am the sole residuary legatee and the principal beneficiary of a will. The executor and I do not seem to be the best of friends and we have been corresponding via solicitors concerning the administration of the estate. The deceased died in April 2009 and probate was extracted a year later. The bulk of the estate, including all the cash, was distributed in late 2010 but I have since heard that some specific bequests were not sent out until mid 2011. The executor currently holds some of the deceased's belongings and these should pass to me as the residuary legatee. As I live in N.Ireland and the executor lives in Cornwall ...
  4. ...ng her house and money to her four kids, my dad, 2 uncles and an aunt. The oldest son was made executor, however when she last settled her will the solicitor also made himself an executor of her estate also, something none of them were aware of until the will reading. Can a solicitor do this, is it normal practice? He then poceeded to state that the costs for carrying out his works would amount to 3 and half percent of the total estate, which is the standard fees for this type of thing... really? This has been going on for several months now, the monies have been divided equally amongst everyone, all that's left is the house no...
  5. ...My brother and I are executors of my fathers will, which leaves everything to us. How do we go about closing down bank, post office accounts etc, and transferring the money into the estate without going through a solicitor. Any help would be appreciated....
  6. ...the house was to be put onto the market and sold. In her Will, she named my Great-uncle as the executor of her estate. Probate was applied for and granted to my great-uncle. Unfortunately, early this year (February) he died without having carried out any duties as executor of her estate. I have attempted to contact his daughter (the other beneficiary to my great-aunt's estate) to enquire what is happening as I know that she is the executor of his estate. Nothing has happened. I have not received any acknowledgement of my letter and basically, the family is not doing anything. I understand that as he was the executor of my grea...
  7. ...As I understand, as the executor of my partners Will and the only beneficiary I should be allowed to look into her affairs to establish whether she was mis-sold PPI? When she died last year I settled and closed all of her accounts. I had scant information to work with. She was a little bugger for throwing away her statements! Just recently I had to request some paperwork from the solictor (for an unrelated matter) and noticed that her mortgage with Barclays mentions "Mortgage Care Policy" which seems to be PPI. She remortgaged to another lender in 2004, so this policy is very old. She also had a credit card with NatWest and ano...
  8. ...Hi I'm new here and not sure if I'm on the right forum or not. My brother is an executor and a major beneficiary (as am I) of my late uncle's will. I have been emailing his lawyer as my brother would not let me even park on the drive of my late uncle's house, half of which as well as half of his estate, has been left to me. I was told today that my brother has disposed of the contents of the house, which is now on the market, as they were worthless. Surely, those contents were half mine and he had no right to dispose of them. Can I take any action against him for this? It would be Scottish law as the estate is in Scotland. Any help or...
  9. ...My brother and I were appointed as joint executors of my mothers will. My brother is (mainly due to geographical and time constraints) carrying out most of the administration and recently requested that I write a letter making him sole executor “To save time getting documents signed by both of us”. My question is, do both executors have to sign all documents, or can we designate that one can sign with the other remaining to simply monitor the progress and view documents if requested by other members of the family (Four brothers in total) I trust my brother, but having seen some of the horror stories in the forum feel it would be a good ...
  10. ...Please be wary if you ever have to open an executors account. Following the very distressing loss of my mother last year, my brother and I opened an executors account with HSBC, the bank she had used for many years. Having finalised the estate administration I thought I should ensure that all the interest had been paid in to the account. When I examined the statements more closely I saw that what we had was a 0% interest account. Perhaps this is something I should have noticed before, but it never occurred to me that it would be necessary to check. I went in to the branch today to query this and was told that they don't pay in...
  11. ...l the bank requirements were in place. ID, death certificate and a copy of the Will naming me as an executor. I was then informed that the Halifax Bank only dealt with Solicitors. Full Stop. I then employed a Solicitor, who the Halifax did deal with, but unfortunately they 'forgot' to disclose the account in question. When this was questioned they said unless a 'grant of probate' was issued they could not disclose any information in relation this account. Sooo, we have suspected fraud/theft, a police force with no money and no interest, and a bank who declines to assist in a probable fraud on a deceased persons estate. Enter the Omb...
  12. ...i am a beneficiaries am having problems with a executor who happens to be my uncle he is mis handllng the estate where he is wasting the money on very expensive solicitors and has claimed 12,000 expenses and has lied about funeral cost the executor also signed a agreement saying he have the accounts ready in 28 days where it took him nearly a year to produce the whole running of the estate has been going on for 8 years an dat the moment the solicitors are eating up the money at present the executor has even paid for other beneficiaries to come over to london and paid for it out of the estate i been getting legal aid but the cost was getting...
  13. ...My brother and I are joint executors of my mothers estate. She willed her property to us and we have received probate for the estate. My brother wishes to purchase the property (which has no outstanding mortgage) and we have agreed the sum for purchase. The property deeds are in the possession of my brother. Can he buy the property without having to transfer it into our joint names before transferring it into his name. I am prepared to sign to acknowledge the situation. Do we need to involve a solicitor to effect the conveyancing. Regards Morgansbobi...
  14. ... " I would like to take this opportunity to advise you that following the death of a customer, the executor of the estate then legally becomes our debtor". It then goes on to state that they are prepared to offer me a rebate of interest charges if we settle the account early. I understand that this debt will have to be paid if there is any monies left from his estate and I have no problem with that as it is only a couple of hundred pounds but it would seem from their letter that they are attempting to make themselves out as a priority creditor to his estate and they are not this seems to be bourne out by the fact that they have request...
  15. ...My mother passed away recently. She made me the sole executor of her will. Her estate is (barely) large enough to require grant of representation (Scotland). She has a number of unsecured creditors (bank loan, bank overdraft, credit cards). She had not worked for 5 years prior to her death, and was recieving various benefits. Around a year ago she contacted Consumer Credit Councilling Services who assisted her in writing to her creditors. Most creditors had applied defaults and were accepting goodwill payments towards the accounts. Two of her creditors had sold the debt to Debt Collection Agencies. I have listed as much relevant facts ab...
  16. ...yds bank looking after all his money who invested it on his behalf. My father made Lloyds bank executors of the estate - named in his will. Last week, a few days before the funeral one of Lloyds managers came out to see my mother and I and told us that the fee was going to be 3.5% which was approximatly £4000. The lady collected a load of certificates from us to get ready to start administering the estate, probate etc. Since that meeting I have found out lots of things about banks and the extortinate prices they charge, and I know that I could have got it cheaper. however at the time I thought that as the bank was n...
  17. ... I am on benefits I have been made a administrator to deal with my widowed sisters estate as the executor was unable to deal with it my sister as left 3 children 15,20,21 two of the children could have been made administrator of the estate left to them but they are away at university and were unable to deal with probate so I contacted probate and asked if I could deal with it my working daughter is a joint administrator of the estate as it needed two with one of the children only being 15 years of age. One of the children could have cash now if he wanted the will stipulates they have to be 21 years old to inherit however the 21 year old li...
  18. My mum passed away and left an estate of circa £40k, requiring a grant of confirmation (Scotland) due to a life policy at 30k. My mum had around £12k of personal debt (unsecured) to around four lenders, including a loan of circa £6k owing to Clydesdale, which had passed to a third-party before she passed away. She'd entered into repayment plans with each lender, most getting token gestures each month, some as little as £1. Some lenders are pursing more than others, the original Clydesdale loan has now made it's way into the hands of another debt collection agency who are phoning and writing constantly. I need to know exactly where I stand in respect of having to pay this off. I know that personal debt should be paid before rewarding any beneficiaries. A few of the debts seem to have almost given up, are writing infrequently and not pursuing aggresively. What do I need to do? I understand I must give 6 months before giving money to beneficiaries. How co-operative do I need to be with the lenders? Do I need to offer to pay? Can it affect my credit with the debt outstanding? Any help or guidance is much appreciated. Regards Grant
  19. ...Sir/Madam, and goes on about letting "me" know about changes to the type of savings account "as the executor/administrator for the account". So there is clearly an account, which needs closing but I want nothing to do with it. I don't care what money's in there - it's not my money. I do find it strange there is a savings account. His father didn't trust banks and kept money in the house. As far as I had known there was only one bank account which he used for his pension to be paid into and his bills to be paid out of - an arrangement his wife set up before she died. He was so comical, going straight to the bank after the bills were paid...
  20. Hi All, Not sure if this is in the right place, so Mods please feel free to move if necessary. Right, this is a bit complicated so I'll try to explain as best I can. My wife's mother sadly passed away about 6 months ago. During the last 5 years or so of her life, she lived in residential care and at some point, an issue developed regarding the payment of the fees. Unfortunately, I was not directly involved and my wife is a little vague on the actual facts of the matter, but we have recently received a demand from the County Council for a sum of almost £3,000 relating to her mother. They have not told us what exactly this money is for, just that if her mother's estate cannot pay it then my wife and her sister will have to. Together with her sister, my wife held both an Enduring Power of Attorney and was named as Trustee in her mother's will. Suffice to say, her mother died with no money or possessions to speak of and certainly nothing of that value. My wife an I paid for her funeral out of our own pocket in fact. So my question is this: Given that the money was owed by her mother and as far as I know was solely in her mother's name, does either the Enduring Power of Attorney or the fact that she is Trustee of the will make my wife liable for this debt? The Council asked us to provide details of the money spent on the funeral in order to "write off" the debt, but we received a letter today saying that since we had paid for it ourselves there was no evidence of how the money was "legitimately spent" and therefore we would be liable. All I can assume is that they've looked at how much money was paid to her by them and taken that away from what they can account for and have decided that there MUST be some money available.
  21. ...Hi if anyone could help with this it would be great. My granddad has been appointed executor for his brother in laws estate along with the brother in laws daughter. Thr daughter has now instructed a solicitor and sent him a letter asking him to relinquish his rights as an executor which he does not want to do. He has also not seen a copy of the will.. Can she force him to do this and how does he go about getting a copy of the will from the solicitor?? Also will he need his own solicitor to oversee the probate ?? Thanks...
  22. ... is the right place to post this. Anyway my mum passed away last December and my eldest sister is executor of her will, also she owns part of mums house, the will states that mums estate is to be split equally between four sisters, obviously eldest sister has her share of the money thats held in the house first, question is..... shes being very slow to do anything about sorting things out, shes not in a rush to sell the house because she has stuff stored in there, she wont go through an estate agent to sell!! because she wants every last penny out of it, also she refuses to insure it because its quite expensive for an empty house!! so where...
  23. ...site and joined so sorry if I am asking a dumb question that has already been asked. I am the executor of my mother’s estate. I have discovered a bank, was harassing her just before her death, for repayment of an unsecured loan that she had been telling them she knew nothing about. Question how do I get copies of all the relevant information? Can I send a Data Protection SAR, slightly modified for me as the legal executor? Can I send a CCA request for a copy of the loan agreement again modified to reflect my role as the executor? She had told no one that she was being harassed by these people, but all the letters from her to the...
  24. ...As executor I made a SAR request and CCA request to cabot for the credit card agreement of the deceased. They have replied that for the SAR request I should contact the original lender and as regards the 77/78 CCA request they have said that there is no requirement under 77/78 to provide this information as the credit card holder has passed away. My question is are they right to refuse my CCA request as I am the excecutor and secondly should I have to contact the original lender to obtain the agreement. Incidentally on the SAR request I asked for a deed of assignment which has not been provided....
  25. ...nd heating upgrades and installed upvc windows and doors throughout. A valuer on behalf of the executor (HSBC) valued the property and has given a value/price for the property. My Dad will have to give half of this value to my Uncle, otherwise have to move out. I think this is unfair as my Dad has carried out alterations which have improved the property value by at least £10,000. I spoke to the Executor's Office today and informed them of this. I told them that I will be asking an independent valuer to attend. They don't seem happy with this and expect my Dad to ignore all the improvements he has made. Has anyone come ...
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