Showing results for 'Executor'.
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...st of the Will says, who owned the property at the date of your father's death or even if she is an Executor so I can't give any specific advice and agree with lolerz that you should discuss this with the soliciitor. What I understand a lifetime mortgage to be is essentially a loan facility secured on the property from which you can borrow money which is repaid from the sale of the property when you die. So a type of Equity Release. So if you are going to sell the house soon then I would anticipate that the loans she has taken will have to be repaid from the sale proceeds. That will reduce the amount left in the Residuary Estate and so t... -
...lls, probate and trusts (not all firms of solicitors have such a specialist). I've twice been Executor in a Will that established a Trust. In both cases we had advice from a specialist solicitor. In one case the Will Trust needed to be registered with HMRC, in the other (the case which was similar to the one here) it didn't. So sharing my experience, and what I learned from the solicitors advising me in the past (but not giving expert advice)... Will Trusts do not usually need any other documentation or 'setting up'. The Will, as long as correctly drafted, is also the "Trust deed" that sets up the Trust and nothing else is nee...
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...If this is causing you to worry, then it is up to you to decide the action you take. Once an executor has paid beneficiaries, it would be very difficult for a debt owner in this situation to take action against the executor. If there is a CCJ that is no longer showing on records, the deceased has left no paperwork and the executor is not legally required to post a notice to the London Gazette, then it is not the fault of the executor if a hidden debt is not paid. Billions of pounds of debts are owned by these debt owners. Large numbers of people die with these types of debts never repaid. If you don't want to die leaving execu... -
Looking for some advice about a house trust after fathers death
lolerz replied to just_jue's topic in General Legal Issues
...st more specialist legal advice for this, personally. The trust should have been set up by the executor of the will in the first instance and if this hasn't been done then there are legal implications to this. You certainly shouldn't sign anything until you've consulted with a solicitor, especially if you're unsure on what you're signing.... -
...Is your partner's mother the sole executor? Was she aware that money was owing to the plumber when her husband died and she was dealing with his Estate? Please clarify one important point: do you accept that your partner's father owed money to the plumber at the time he died? And if so is the £5k about right, eg in line with estimates/quotes given before the work started? Or is the £5k disputed? As executor she could be personally liable for the £5k if she distributed the Estate without paying her husband's debts. It's irrelevant whether there is any money left in the Estate now, the question a judge would ask would be wheth...
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...Who was executor to your partner's father's estate? Did your partner's mother offer to pay make clear she was offering as executor as it sounds like she had no personal liability to pay? Has plumber been sent a copy of the death certificate? Does he even know that your partner's father has died?...
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...ce of (this) your mothers home from what was clearly stated in her will, of which you were the sole executor of, were faked by your brother. dx...
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Lloyds 10yrs old CCj now sold to cabot **WRITTEN OFF**
Mycathasfleas replied to ohitsonlyme's topic in Financial Legal Issues
...ms against the estate to come forward. We gave 21 days today do do. The object being to protect the executor from subsequent claims after they distribute the estate... -
...s type of debt is unlikely to be high up on the priority order for settling. It would be up to executor to ensure they handle the estate correctly and deal with any liabilities in a priority order. What if they did not know about the CCJ and distributed the estate without paying the CCJ ? Nothing much the DCA could do....
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...t need to change the Will because anyone named in it has moved house. That's because the address of executors, witnesses and beneficiaries isn't a term of the Will as such it's just a means of identifying them. So if a question arose as to the identity of one of those people they might be called on to provide evidence that they lived at the address in the Will at the time the Will was signed. When I've been Executor there were out date of addresses but no-one seemed worried about it However I'm not a lawyer and if I get a chance I'll have look online and see if I can find any professional site to support my belief....
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...and it's just addresses then it may not be a codicil that you need and a letter will do. I was executor for two wills that had an out of date address for me and it wasn't a problem. Also, both people had passed away having moved to a new address that wasn't in their wills some months or years before that. Wait to see what other people think though, please. HB... -
...Hi, I am / was the executor of my mother's estate. Probate has been obtained and beneficiaries and creditors settled. There is a zero balance in the executor's account. I have just received a council tax demand for my late mother's property dated for the period between her death and the sale of the property, the latter being 20/06/2021. My question is, does the Council have the right to demand payment at this time? And if so, am I as Executor liable? I would be grateful for any advice offered.... -
...llery and antique furniture. I asked to see the will, my brother said I would have to speak to executors. I spoke to executors, husband and wife, and they refused to let me have copy of will. In June 2022 I paid a solicitor £300 to request a copy of the will, they dragged their feet but eventually sent solicitor the will. Myself and my 2 adult daughters are named in will though my brother has the lions share . The contents of the house was removed by November 2021, the house was put on the market in February 2022, sale couldn't be completed because they hadn't applied for probate, I found this very strange as the exe...
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... who gave it to me died recently. His sibling, (who I'd never met until the funeral) is executor and is demanding the present back. I didn't know it was purchased on finance, but apparently there is a year left of a five year HP agreement on the gift. The gift is registered in my name (its not bricks and mortar) and has been insured and cared for by me since receiving it. The sibling says because of the outstanding HP, he has to return it to the finance company or pay the last year of the finance, so I have to hand it back to him. I thought executors had to settle any outstanding... -
...Cabot/IDEM etc these were all then passed to Philips and Cohen and I have been dealing with them as executor to the estate. I contacted National Debt helpline who advised that the executor (me) would step into the shoes of the deceased and be able to follow the CCA request route to get more information. Mainly I wanted to check these companies had the right to any money from the estate and to get some understanding of how my dad got into this situation in the first place. I’ve since had one account closed due to the information being too old to find, and gradually over the following year the remainder returned various bits and...
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...plit. So my advice remains what I said in post #7. Neither party (your BiL or partner's Executors) can sell without the agreement of both parties, at least not without getting a court order All you can do practically is negotiate with the partner's Executor to agree to sell the house and split the net proceeds 50/50. If they insist on negotiating only through your BiL's solicitor you probably have to do it that way, although I can't for the life of me think of any legal reason why the Executor Solicitor can't negotiate directly with your BiL. So show your solicitor the documents you found and g...
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... what to do next to force a sale of the house. It is possible to get a court order if the partner's Executor/solicitor won't co-operate but that is expensive and time consuming and success is not guaranteed. Getting the Executor's agreement is best. It's hard to understand why the partner's Executor wouldn't want to sell. Even more concerning that you don't know whether it is even insured. And if it is insured whether your BiL is named as a joint policyholder to protect his interest in the house. Keep putting the pressure on your BiL's solicitor to move this forward. That's what you pay them for....
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...More opinions I think. The process has started to remove the Executor from the administration for other more serious reasons, and input such as your suggestion about Police Pension having it's own procedure is very helpful. SAR's are not applicable right now since I am the next of kin not the executor.... -
...After the death of my mother my sister and brother were made joint executors . My sister is trying to check all the accounts as she has good reason to believe there is a missing account .She wants to access any closed accounts. My brother who original went to the Halifax and said he was the sole executor is now blocking her attempts at access. The Halifax says that both parties need to agree before they can give out information. Your thoughts please.... -
...ldn't have accepted the gift is immaterial sadly, legally it was not his to gift it to you. An executor cannot be held PERSONALLY liable to pay any debt subject to settling of a deceased estate. if the deceased estate does not have the funds to pay, then, yes, the debts dies with the deceased. HOWEVER.. many many executors needlessly pay all manner of the deceased debts without exercising their required due diligence in law, if a creditor does not contact the executor within the notice period that's tough luck on them, IMHO the executor should not go out of their way to contact perceived creditors. you might be able... -
...Hello I'm dual executor in my mum's will with a brother. He has spent the two months since my mum passed arguing with everybody. Saying he has had enough. Hates us all. Blocked me contacting him for two weeks. I sorted my mum's funeral and paid for it. He just walked away from any responsibility. I started work on closing amenities etc. Sorting out paper work. We need to apply for probate. I realise I need his signature and agreement to move forward. I asked him directly what he wanted to do. He said he wanted to remain executor. I suggested he went an... -
...legal title was held by your BIL’s ex-partner, then the legal title passes to the estate, and the executor/s holds your BIL’s beneficial interest on trust for him. The presumption is a 50/50 split between your BIL and their ex-partner, though this is rebuttable (where different intent of the parties can be shown : did they have an agreement / discussion based around this?) For A or B: your BIL can sell the property but needs to pass the ex’s share on to her estate. For C : your BIL should contact the ex’s executor, reminding them they have a fiduciary duty towards the BIL, which comes ahead of any b...
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...opy of the death certificate and make clear they should correspond with you in your capacity as the Executor of the Estate and that you have been granted probate. Don't give them any phone or email contact info, post only Don't tell them anything about whether you have distributed the Estate or whether it has assets. Just that a notice had been put in the Gazette and had not received any notification from them. Strictly legally if someone had a civil claim against your fil at date he died then then it should be paid by Executor from the estate. But equally the Executor can also use any defence to a court action that f...
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Role of Executor and being a beneficiary.
Ethel Street replied to Charliecharliecharlie's topic in General Legal Issues
...How to remove an executor of a will | The Gazette "...before you issue an application to court to remove a problematic executor, it is important to try and resolve the issues without court intervention, which should be treated as a last resort." And it will cost money and the application may be unsuccessful - it needs to be more than just the other executor not co-operating "An attempt by the beneficiaries to remove the executor is not an easy application. The beneficiaries must prove serious misbehaviour before the court will even consider forcing an executor to step down. In general, the courts will only ... -
Someone posted this in a comment in 2016 on here but the thread is now shut. Rang Barclays insurance in Dublin. Their records only go back to 1998. As my loans were 95/96. They say the underwriter was probably AXA or Legal & General at the time. Going to search out their phone numbers and give them a call I have a Barclays PPI policy from 1992 in front of me and the insurers are: Financial insurance group Financial house, Eaton Road Enfield, Middlesex EN1 1YR. Not sure if they still exist or not.
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