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  1. ...people here is a quick sum up. My partners nan passed away and left a will with a solicitor as executor (I know)... Will says house cannot be sold for awhile as there will be someone living there so until they find a new home house cannot be sold. There is no cash as house is only thing of value in estate House was then vacated and needed several things doing before it could go on the market, solicitor did nothing one of the beneficiaries organised it all the only thing the solicitor has done was deal with funeral home and pass correspondance on and instruct the estate agents everything else a very ill beneficiary has done...
  2. ...in March 09 and sadly passed away. In his will made in 2005 my mum and his mum were made joint executors of the will. I can provide more information if needed but his mum, who he didn't get on with has been very nasty in releasing funds to support his son as stated in the will, she wrote a letter saying this was due to the fact his son is "an indian", we have been having problems with this since March, when a solicitor was appointed his mum did this and its someone she has used for over 30 years! He isn't quite impartial and its causing my mum great concern. She has major concerns over how the solicitor and the late cousins mum...
  3. ...eep the bits in bold - what do you think? /-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/- I am the executor of my father’s will and as such I have authority to bring legal proceedings against you on behalf of his estate. On 2 September 2019 my father bought a Jaguar XF 3.0d V6 vehicle, registration number XXXX XXX, from you. You know all the basic facts but for the record I'm setting them out here for your information and for the benefit of the court. · My father purchased the car from you in September 2019, however the car was not collected until October 2019. · In less than two weeks of having th...
  4. ...pt some kind of compromise solution. Is this correct? Also you should identify yourself as the executor of the your fathers will and therefore you are entitled to begin a legal action on this matter. No need to start going on about the protocol. I still think is a shame that you are going to sue for less than the value of the claim which should be the full value of the vehicle, plus any ancillary expenses plus interest. Do you have it in writing from him that he refuses to tell you the location of the vehicle? Or why he moved it? In view of the fact that he doesn't respond to anything, I...
  5. ...my employee assistance service through my employers have advised that I can persue this as I am the executor of the will and the car forms part of the estate....
  6. ...he right to compel due administration" mean that I have the right to take legal action to force the executor to complete the administration of the will?" Yes. However, there may be good reasons why it’s being delayed. If there are no good reasons and it is negligent administration and you can ask the Court to take over the administration. Or you could suggest that the Exor with power reserved takes over as a compromise. "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, bequest...
  7. ...s why no values have been mentioned. If the in-law had not offered the use of his van then the executor would of cleared the entire house himself as this was his intention from the start, being the executor, especially as this family is not close help was not expected. The biggest benefactors of the will are children and the in-law who has charged the estate does not have children who benefit, nor does the spouse. Everything you have stated seems to state that by accepting an offer of help the executor entered into a contract by default. I don't see how that is correct. If it is I will NEVER accept help again. How can some...
  8. ...days, but i have heard nothing after 28 days. The next of kin settled the estate not me as the executor, the next of kin claimed PPI from the bank, but as i'm the executor i'm bringing the claim to court...
  9. ...sorry im the executor who is going to court to claim 8000 from the bank. will i need to bring next of kin (non executor) to court with me?...
  10. ...Sorry to hear about your father seklof. You say his partner is "an executor" Are there others? Who? I'm not sure what it is that you want to do? Stop her telling all and sundry what's in the Will? When I've been an executor I didn't announce it to the whole world, but AFAIK there's nothing in law to stop the Executor telling anyone and everyone. Wills are public documents (after probate has been granted anyway). Anyone could get a copy of anyone else's Will and publish it all over the internet if they felt like it. I doubt you have any rights if you are not an Executor....
  11. ...If you have been appointed as an Executor and you really do not want the responsibility, you can appoint a solicitor to do the work for you. A solicitor will charge for the services they provide and will generally take any fees due from the estate once matters are concluded. However, by appointing a solicitor, you are still an Executor, but employing services so that you do not have to administer things yourself. Technically, if anything goes wrong, you are still responsible in your capacity as Executor. If you are a joint Executor and the other person is happy to administer the estate on their own (and you are happy for them to d...
  12. If someone wants to do a s77/78 request or SAR request for a credit card where the person has died to authenticate any claim then should it just be done in the same way as doing it for yourself. Plus what law relates to the passing on of debt from parent to son/daughter on death
  13. ...I wonder if there is anyone who can advice me. I am the executor of my father's Will and when I wrote to the probate registry, I have found out that there is a cavaet lodged by my father's spouse (not my mother).My father's spouse threatened last year to put a caveat on, because she wanted to remove me as executor. I have done nothing wrong whilst dealing with a very complex estate but she accused me of being biased towards her and taking too long. The estate is hugely complex with properties worldwise, shares, investments and money that has disappeared and then reappeared in bank accounts in Thailnad. Anyway the spouse I bel...
  14. ...As far as who can take the action is concerned, the Executors who have Probate have all the powers that the deceased would have had to take action against someone who owed money to the deceased. That money is now owed to the Estate and Executors have the power (and the duty) to recover money, or to take other action, for the benefit of the Estate. So you would have the legal power in this case to take action against the garage that sold the car to the deceased. It's irrelevant in this case who is (or was) the Registered Keeper. What matters is who is shown as the purchaser on the purchase documentation, who I am assuming is the de...
  15. ...which does not relate to them. In other words you're acting as a data controller as well as an executor. This is the time to play the card that everyone plays everyday: data protection. As an executor you are the gatekeeper of what's in the estate and should not disclose private affairs to third parties, even if they are directly related to the deceased. Of course a court order would change this....
  16. ...I am aware of the new GDPR and DPA2018 Rules. I was next of kin and his executor of the will, therefore, they have no need to drag heels as I have given authority for solicitors to act on my behalf. They just don't want to have a claim against them and drawing out aslong as possible....
  17. ... If they receive a request from someone who has the right to access the records in this way example Executor of the estate or solicitor they must comply with the disclosure. Andy...
  18. ... were doing” or “had been coerced” They arranged, via their solicitor, who was an executor of the will, for two Consultants in Psychiatry (each with a special interest in Psychiatry of the Older Patient) to interview them, each separately, to assess their cognitive function, and to discuss their wishes and reasoning behind those wishes. Their expectation was that the will would be challenged, and that the solicitor could, on their behalf, robustly refute any such challenge to the will. So, if it comes to it : expert opinion. back to the OP’s post : the relative can sign such a consent fo...
  19. ...Oh mighty forum My father passed 2 months ago His partner is an executor of the will Probate will take until the new year I am his only son She is telling all and sundry the supposed contents of his will Its been awful and i hope i can get some sound advice on how to deal with her and what my rights are Thankyou to you all...
  20. ... Could we confirm if the loan is just in your Dad's name please? If so, my OH was executor for someone in exactly this situation, joint tenancy house and outstanding loans in the husband's name. The house passed to the wife and both banks wrote off the loans because there was no spare cash in the estate. HB...
  21. ...es into the estate and is an asset for the benefit of the creditors. and who is dealing executor wise please?...
  22. ...ccording to the Equity Release Company up to £66k and rising. Friend's brother is sole executor but has disengaged from situation and Friend is down as next of kin for both parents. It looks like Mother will not be coming out of care and is receiving end of life care but that coudl go on for some time by when the interest added by the Equity Release Company will take a considerable chunk, if not all of the value of the Mother's property. Friend has been told by a solicitor (keeper of the will I believe) that she cannot sell the house or have 'power of attorney' to enable her to sell the house whiel her Mother is still...
  23. ...pport and advice on here? Do you have the legal power to sell it now? In what capacity? Executor? Presumably your solicitor has advised you on this....
  24. ...Hi All – I really hope that someone can give me some good advice. My wife is the executor of her late mothers estate which includes a property (built 1950). Whilst preparing the house for sale, we noticed that light was visible through the roof (when standing in the loft space). We engaged with a company who seemed reputable, had good reviews and were an approved member of the Confederation of Roofing Contractors. They attended and conducted an inspection, concluding that the membrane was failing through age, particularly along the inside of the ridge, some tiles were damaged and there were some water leaks adjacent to the ch...
  25. ...I believe the Executor of the estate can deal with the sale....but a lot depends on who the policy is with, the T&Cs and what type of Equity Release plan (Joint Plan) ....which the OP is yet to advise. Andy...
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