Scottish question re problem with executor dative

[peace4everyone]

Any scottish legal advice on this matter would be appreciated.

 

The executor dative to my late mother's estate is not carrying out their duties.

 

They went to court following her death to be appointed executor dative and never told anyone. When all payments were made and the remaining money was to be shared to the next of kin they then informed the bank they were executor dative.

 

I ensured all payments were made following my mother's death. I organised everything through the bank.

 

I have written to the executor dative asking what they are doing and they have never replied. They will not discuss the matter.

 

The bank have informed me that the money is still in my mother's account. The account is frozen. A year on and we are no further!

[AndyOrch]

Hi peace4 and welcome to CAG

 

Who is the executor dative and what was the reason for their appointment?

 

Regards

 

Andy

[peace4everyone]

Thanks for your reply.

 

The executor dative is my sibling.

 

As it was a small estate there was no need for an executor. The bank was going to share the funds in the estate between the siblings as my mother was a widow. The money would have been shared over a year ago now but the executor dative stopped this.

 

Only my sibling knows why they felt the need to be appointed executor dative without telling anyone following my mother's death.

 

Only they know why they haven't carried out their responsibilities...

[AndyOrch]

Thanks for your reply.

 

The executor dative is my sibling.

 

As it was a small estate there was no need for an executor. The bank was going to share the funds in the estate between the siblings as my mother was a widow. The money would have been shared over a year ago now but the executor dative stopped this.

 

Only my sibling knows why they felt the need to be appointed executor dative without telling anyone following my mother's death.

 

Only they know why they haven't carried out their responsibilities...

 

 

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[peace4everyone]

Thanks Andy for the guide.

 

What is a reasonable time for the executor dative of a small estate to carry out their responsibilities?

 

Does Scottish law allow them to take as much time as they like?

[AndyOrch]

Should be fairly swift if its a small estate...is there a particular reason as to why your sibling and not yourself was appointed executor dative.?

 

Further information Scotland:-

 

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[AndyOrch]

I have moved your thread to General Legal Issues peace as you were in the wrong forum.

 

Andy

[peace4everyone]

Thanks Andy.

 

I was appointed power of attorney by my mother. After she died these powers ceased.

 

I informed the bank of my mother's death, and as it was a small estate they were willing to release the funds if all siblings signed the appropriate form.

 

But one sibling informed the bank (once all duties had been carried and the money was to be equally shared) that they were executor dative and the bank have to legally follow instruction of the executor dative. Therefore it was now this sibling's responsibility to share the money equally but a year later and they haven't done it.

 

My mother did not appoint my sibling to be executor. They went to the court after my mother passed away and became appointed but didn't tell anyone they were doing this. The court obviously presumed that other siblings had agreed to them being appointed executor dative.

 

We only found out from the bank that our sibling had done this.

 

I can only conclude that they wanted control of all the money. Are there no laws to ensure they carry out their responsibilities? Is there no limit on the time they can take to share a small estate or can they decide to just do nothing?

 

Thanks for the guide. I have already read that extensively but there doesn't seem to be much information for the situation we are in ...

[AndyOrch]

I personally would just appoint a Solicitor to sort this...take control of the estate and finalise it....put the costs to the estate...your step brother/sister will have to accept it then.

 

From this 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 proposed executor’s signed consent to act.

 

A Witness Statement of the proposed executor’s fitness to do the role.

If proceedings regarding an inheritance dispute have already started, then the application to remove an executor must be made by an application notice and not by a Part 8 claim.

 

Regards

 

Andy