Showing results for 'Executor'.
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...ne who has died How to deal with the property of a person who has died What does the executor or administrator do Tax and benefits Debts Probate and letters of administration Jointly-owned property If the amount of money is small Do you need a solicitor How long does it take to get probate or letters of administration How to apply for probate or letters of administration Inheritance tax After probate or letters of administration has been granted If you are an executor and you do not wish to act Further help How to deal with the property of a person who has died Everything owned b...
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Legal, Will and Probate Enquiries
Manxman in exile replied to Yorky55's topic in General Legal Issues
...isability? (It's confusing understanding who is who because in #61 you say that "Fred" is the main executor but also that "Fred" has learning disabilities, but that "Flora" is sole beneficiary??? I'm afraid your use of names - which may not be real names - when names were not mentioned in your two earlier threads - but your brother was mentioned - have made things very confusing... ????). If your father has died after your mother and his will leaves everything to your brother, with you and your brother as executors, then your brother has been left everything - if I've understood your question correctly. It's always p... -
... in home. From my understanding of the following. 1] The appointment of named people as Executors and Trustees of the will, are the ones to sort out the wishes of the will and to make sure the wishes are done. so for example; Fred and Flora surviving son and daughter of Gilbert the father who died. Fred acts as main executor and Trustee as Fred has learning disability issues. 2] I GIVE DEVISE AND BEQUEATH all my real and personal estate of whatsover..........to my Trustees upon trust to sell call in etc....... "real estate" means home. So is it my understanding that Gilberts home, now belongs to both Fred and Fl...
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...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... -
Intrum chasing my late wife's JDW CAT debt
Will Goodfellow replied to Biofuel's topic in Mail order catalogues
...wife's sole name just because you are her husband. But depending on the value of her estate, as the executor, you are legally obliged to settle outstanding debts owed by her estate where there is capital available to do so. It's not simply a case of 'you are not liable, there is nothing Intrum can do', as the executor you could be held personally liable if you did not fulfill your obligations correctly.... -
Claim PPI on deceased parents accounts
Ethel Street replied to tracyab1972's topic in Payment Protection Insurance (PPI)
...complicate the claim at this stage by going through your uncle. It's not at all clear your father's executors inherit his powers as administrator of your mother's Estate. You (and any siblings you have) are your mother's closest surviving next of kin. I'd use that as the basis for contacting PPI provider, send them evidence of that. Before getting too bogged down in it do some preliminary work to see potentially how much you might be able to recover. If this had happened more recently I'd have recommended talking to the solicitor who acted for your father in administering your mother's Estate. However as it was 20 years ago there's ... -
...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 ...
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...fter. You are paying him for advice and he should be spelling this kinda stuff out to you. An Executor who accepts office by taking a grant or by acting as executor is liable for loss resulting from any breach of duty which he commits. A breach of duty includes misappropriating property, maladministration or negligence (which includes unreasonable delay). Any breach of duty by an Executor is known as a "devastavit." An action may be brought against the Executor by a beneficiary who is not paid in full as a result of a devastavit by an Executor. Where several Executors are appointed each is liable for his own breach of duty but not... -
CCA requests as executor - Philips and Cohen
BazzaS replied to Bosschow21's topic in Debt Collection Agencies
...Executor takes on a fiduciary duty’s, and can acquire personal liability if they don’t “dot the I’s and cross the T’s” Hence far better to create that audit trail. Recorded delivery letter, reasonable deadline and then put them in the dustbin of history.... -
CCA requests as executor - Philips and Cohen
BazzaS replied to Bosschow21's topic in Debt Collection Agencies
... estate, and need them to demonstrate why these sums are owed and not unenforceable. As executor you are not permitted to treat any creditor preferentially. You are also only required to act reasonably, and then to the best of your knowledge and belief. Wtite, recorded delivery. Stress that you have already asked them to prove any debt and it’s enforceability. Having given them 18 months already, give them a further 2 months to reply with why the alleged debt is enforceable, and settle the estate after that time if you still haven’t heard anything.... -
...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...
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...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... -
...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...
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...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...
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Unhelpful solicitors. Dodgy executors
nelson/13 replied to nelson/13's topic in General Legal Issues
...not in the Codicil. The brother who instructed the solicitor is a beneficiary and also the named executor. The main problem is that there is a large sum of money missing . I became involved when the executor refused to answer questions from beneficiaries. I’m helping my ‘baby brothers’. Grant of Probate was refused as ‘probate were not happy with the Codicil’ and they required signatures of acceptance from all the beneficiaries. Some time after mum died, the brother in question instructed a solicitor on a personal basis and attempted to overturn the will and replace it with a new will. He failed. W... -
...w empty and is in the possession of the council. Mum passed away in May 2020. I was her executor of her will. The will was very basic and it was just small possessions to give to family. There was no money to leave. In a part of the will was she had life insurance policy which was spent on a headstone for her and my father. Please advised what to do next.... -
...My mother died and her second husband was named as the sole Executor of her estate (that is another issue not covered here). Her second husband received Probate and was given the legal position of Executor and Trustee, as well as being one of several beneficiaries. The Probate Document which he has signed as being 'a true and accurate representation' of her assets is in fact not true or accurate. I have evidence to show she had more assets at the time of her death than he has declared. He has withheld assets from the Probate document. This is ‘fraud’. I contacted Santander and Bank of Scotland and sent them certifie...
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... " 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... -
...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... -
...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...
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... 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...
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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
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...y husband and I made a Will years ago and this was complied by a Solicitor. The solicitors are the Executors if both my husband and I died leaving the estate to our two children who were then in their 20's. It sat in the draw whilst life events kept us VERY occupied and somehow it was not thought about again whilst the years go by. I feel really ashamed that we did not update it and now have read that using a solicitor could be more expensive than it need be. So not only am I carrying guilt but the corona virus, being we are in our 70's, has sent me into a panic!!! I know 'act in haste and repent in leisure' but... -
Scottish question re problem with executor dative
AndyOrch replied to peace4everyone's topic in General Legal Issues
...his link: http://www.lawpack.co.uk/probate/art...rticle7435.asp How to remove or substitute an executor by court order Beneficiaries can apply for a court order to remove an executor by making a Part 8 Claim, under the Civil Procedureicon Rules 57.13. The following documentation must be provided to support the application: A certified sealed copy of the Grant of Probate (or Letters of Administration). A Witness Statement outlining why the executor should be removed, along with details of the deceased’s assets and liabilities, names of the beneficiaries and the proposed name of the substitute executor. The propo... -
Making a new Will - thinking through options available.
Primrose13 replied to Primrose13's topic in General Legal Issues
...Update - emailed our local solicitor and explained that we wanted our son Executor. He has just phoned me and said they are VERY busy because of the virus and said if it was going to be a complicated Will i.e. it could be easier to make a new Will. If that was what we wanted to do - he is not able to say if and when - as he or his staff may not be available and besides it is wise that we stay at home. So in the meantime he suggested we think about doing a Codicil via the original solicitors to elect our son as Executor. (Getting two signatures in the village where we live.) Until such time we can talk in his offic...
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