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Found 9 results

  1. hi, my Dad passed away earlier this year, and the executors have been compiling a list of his gifts to me for inheritance tax. I have now had a letter from a different firm of solicitors stating that they have taken over and that there are a number of transactions which "require an explanation". I wrote to the original solicitors querying this, who passed on my email to the new solicitors. Their response was that the original firm had a right to take legal advice and to employ solicitors to act on their behalf in relation to possible claims that the estate may have. They want to see my bank statements back to 2011 (one account was closed down 2 years ago), and evidence (which I've got ) that he wanted to pay my rent Basically because I gave up trying to move away. Every time I tried to do anything, he would have a fall and be in hospital and i would have to stay with my mother. When I asked who was paying them, they said the fee would come from the estate, but could be borne by the defendants to that claim if the court ordered it. I feel as if I want to say, "Take me to Court then" as I have evidence for everything. I am not involving my solicitor in this because I have already wasted approx £8000 paying him. Money that my Dad gifted me to live off. They want a response by next week. My mother has alzheimers and I am moving her into a care home. I am finally leaving a town which I have been trying to leave for 4 years. Their care has taken over my life, and unless you've been in this situation, you have no idea what a nightmare it is. The Best Interest meeting held earlier this year agreed that she should be near me, I have been unable to work for over three years due to both my elderly parents' deteriorating health, and a psycho brother not helping at all. I have also spent all year trying to get a Care Provider contracted through the Council sacked. This involved a Safeguarding meeting, and a formal complaint with responses from the CQC, CEO, Head of Commission, etc and my MP is backing me. This is just one more thing thrown at me, and I wonder if anyone could suggest anything I can say to them without getting my solicitor involved. Do I need to respond? Do I have to present my bank statements? Will they send bailiffs to my door or will they take me to Court? I would rather go to Court. IMO, my response should be to ask more questions. I don't have time to chase bank statements, especially from closed accounts, and why do they want to know anyway if the gifts were in the nil bracket? You have to be so careful with solicitors as anything I say could be twisted. I will go to Citizens Advice on Monday, but wondered if anyone could help me now. I am in the middle of selling the apartment and moving miles away, plus I can't find a home for her until I've got a date. Thanks
  2. This is an ongoing situation but now I’m I am confused. To start with I must say that I appreciate the meaning and intent of client confidentiality. A solicitor took a personal instruction from a brother (not the executor) I asked questions about our mother’s estate. They will not answer claiming client confidentiality. I asked the date and what authority he claimed when giving the instruction. They ignored my letter. I am now wondering if this is because he had no authority to deal with the estate. Any suggestions?
  3. Morning Caggers, A friend of mine sadly lost his sister last year, you may have read my post about transporting her body through the country previously, and it transpires that she has had a history of mental illness, which culminated in her death due to an addiction of Paracetemol. During her last few months it transpires that she has made some very odd decisions, possibly due to her mental condition, one of the strange decisions was to instruct a company of solicitors to be the only executor, strange as her mum is alive as is her brother and they have a family friend who is a senior barrister, or may even be a High Court Judge I believe. Anyway it is what it is and she did have a Will, again littered with odd decisions but it is her current Will . . . The main issue for her family is that she did own a property, 50/50 with a Housing Association etc, and there was a small amount of money in her bank. The solicitors in question are doing nothing with the probate or estate, her mum keeps looking after the house and has been paying the Rent/Mortgage, Council Tax, all the Service Bills etc . . . The funeral director is chasing for their money too . . . and yet the Solicitors do nothing with the estate . . . I'm led to believe that this is a common tactic by solicitors that sit on this for a year or two, to justify exorbitant fees which funnily enough equal what cash is yielded from the estate . . . please somebody tell me this isn't true as this would be a disgusting tactic by someone who is meant to be morally whiter than white and representing everything that this proud country stands for legally?
  4. I hope this is the right place to find answers to our questions. My partner is on DLA and I am on working tax credits (self employed working 36 hours a week). My partners mother died November 2014 and left everything to my partner and his brother. It is mainly the house (with alot of equity taken off). My partner is the executor and when the house is sold the eventual proceeds will be split between him and his brother. Sounds great, but, we are in the middle of the long process of the changes with the benefits regarding my partners ESA and DLA. And I have just received the form to renew my working tax credits. What are we supposed to declare, when are we supposed to declare it............. we are so stuck for money at the moment as my partners ESA stopped last June and he has, only last week, received an appointment for an assessment. We have been surviving on about £200 a week (most of that is DLA for my partner), with £250 a month mortgage to pay. I am so frightened of doing the wrong thing and messing up all the paperwork, it is such a minefield with every question ending 'you may be done for fraud' or 'owe money'. I would appreciate any advice please or any suggestions of who we can go to for help with the forms etc. T
  5. Hi, I know a little about insolvent estates and intestate, but nothing about this subject. Myself and my sister are named as joint executors of our father's estate and are the only beneficiaries. I haven't spoken to my sister for many years and don't wish to do so in the future. Father is in poor health aged 89 and he insists that he will not change his directions. So when the day comes following his death (hopefully not for many years to come) what powers do we have. Yes I know how the whole thing works but the problem I have is that my sister would want a solicitor to handle the estate, whereas I, due to the family breakdown, would want to cause her as much difficulty and cost as I can. I will not accept any solicitor being appointed by her - can she over rule me and appoint one in her right as the joint executor? Personally as far as I am concerned I don't want any of my father's money (estate will be net worth in excess of £500,000). On the other hand I want to make it as difficult and as costly as I can for her to have her half share. What can happen if the estate is never wound up because of my actions - can anybody else forcibly intervene? Ideally, I would be more than happy for the State to take ownership of the estate until an agreement is reached between us which will be never!
  6. Hi, My landlord passed away some time back and although I could get no contact details about the executor I was told to keep paying into the bank account of my deceased landlord. My neighbour in an adjoining flat was told the same. So we have been doing this for over a year, while at the same time unable to get any verification on the name or address of the executor apart from a daughters first name. We both feel this lack of contact was so that no upkeep had to be done on the properties (has been a long time since the last gas check). Today myself and the neighbour received a section 48 notice each, advising us that our landlord is now (a named man) who is executor of the estate. An address was provided as the landlord on this notice. My notice said nothing else. My neighbours though had the date of her contract start date stated (12 month contract, started 3 years ago) and also details of the bank account to now send the rent too. Up until now every letter we got since my landlords death had been identical in every way. We both received court papers for eviction around the same time (still here as they filled out the court forms wrong). Everything has been the same except these letters. I was always concerned that there was something not 'right' about the bank account my rent money goes into (long story I won't repeat here). Now with my rent going into the account of a dead person and someone in the same building paying their rent into the executors account, I want to ask is this normal and legal? The whole situation considering the attempted eviction and now this has left me unnerved. I have a feeling the section 48 is so they can remove us cheaper than through the courts as the executor can just claim rent arrears, which they tried originally and failed as there were no arrears. At the same time I do not want to pay into a bank account if there is something fishy going on. Thanks for bearing with me while I got to the actual questions!
  7. Hello, I am one of the executors of my late mother's will. I have been informed that the estranged mother of an 18 year old beneficiary of the will is demanding to see a copy of the will. Probate has not yet been granted; My question is, are we obliged by law to release the contents of the will to: 1) any beneficiary 2) any person who is not a beneficiary before probate has been completed. Thanks for your help.
  8. 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 certified copies of the Probate Document and certified evidence and asked them to confirm to me, and my lawyer, that the Executor had indeed missed assets from the Probate document and to therefore report him to the relevant authorities. Both banks, Santander and The Bank of Scotland, have refused to do this. First they said they 'had lost all of the documents' I sent them. They then stated 'client confidentiality'. Although they have evidence of a crime being committed and their first 'Duty of Care' is to their customer, my mother, not the Executor who is committing the crime in her name. I have asked. My lawyer has asked. The Police are unable to ask as the law does not give them the authority to investigate without going to court. In refusing to give the information requested or report him to the relevant authorities, they are helping the Executor to continue with his crime. They say to do so I would need to take it to court. At a cost of thousands. I have been to the Police and although this is a criminal offence being committed by the Executor, the current laws to not give the Police the ability to get the information from the Banks and for them to press charges against the Executor. If I want him held accountable for his crimes I must fund a costly court case to make them give the information. This man is 'getting away with daylight robbery'. I feel my family are being failed by the law. I want to know how we can make Banks stop 'helping Executors' to hide such crimes. I want more power to Beneficiaries to be able to have fraudulent Executors held accountable and Banks to be more transparent without having to resort to costly court cases. Please note I do have a lawyer involved. However, the lawyer can only follow the laws as they currently stand. To get the information from the banks requires a costly court case. Then there will be another court case to hold the Executor accountable. Banks should be able to state whether an Executor has not declared all assets on the Probate document as they still have a 'Duty of Care' to the deceased, before any 'Duty of Care' to an Executor. Can we get consumer action to make changes ? Can we get more transparency from Banks ? Can we get justice ? Do you think Banks should give this information to beneficiaries, and their lawyers, the Police and the Tax Office without a court case ? Please help.
  9. 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 advice would be much appreciated as I'm just totally sickened by the way I'm being treated as if I have no rights at all. Just as an added bit of interest, my brother had power of attorney before my uncle died. The accounts I have received are as basic as a five year old would create for a school tuck shop.
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