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The executor and sole beneficiary


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I know I have another thread going on since mum died and will reply asap but this is something regarding an incident that happened recently.

 

So here's the thing. Mum lived with a distant relative (This relative was a horrid b*tch to say the least. Let's call her A). I lived there until around a year ago when I couldn't take anymore of this family member and moved. Anyway. With mums will I am executor and sole beneficiary (Everything left to me, personal goods and money unless I passed away before her).

 

When mum died, all of her belongings were left at this distant relatives home. The ashes were delivered there and I went back today to find out what was happening. They (This distant family member and her sister) had made plans to do with my mums possessions without consulting me.

 

They planned to give half to some other distant family members (mum wouldn't have wanted that) and even arranged to collect the rest to give to charity. I wasn't consulted once, had no say and when I explained mum wouldn't have wanted that to A, I was met with some verbal abuse and effectively told to sod off.

 

I explained the case to A's sister as I had their number on my phone, who was pretty nasty and told me i'm not allowed back to A's house unless she accompanies me. Followed by a form of a verbal abuse.

 

So now it looks like the legal stance of things.

 

Am I correct that because I am executor and sole beneficiary, every single thing mum owns is now mine? and anything done regarding mums belongings and ashes would count as theft if it is done without my permission (i.e... Taking with the intent of permanently depriving the owner of their property).

 

It's sad that it could go down that route with A who has never considered my opinions and her sister who has her head up A's wotsits.

 

Thanks

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I know I have another thread going on since mum died and will reply asap but this is something regarding an incident that happened recently.

 

So here's the thing. Mum lived with a distant relative (This relative was a horrid b*tch to say the least. Let's call her A). I lived there until around a year ago when I couldn't take anymore of this family member and moved. Anyway. With mums will I am executor and sole beneficiary (Everything left to me, personal goods and money unless I passed away before her).

 

When mum died, all of her belongings were left at this distant relatives home. The ashes were delivered there and I went back today to find out what was happening. They (This distant family member and her sister) had made plans to do with my mums possessions without consulting me.

 

They planned to give half to some other distant family members (mum wouldn't have wanted that) and even arranged to collect the rest to give to charity. I wasn't consulted once, had no say and when I explained mum wouldn't have wanted that to A, I was met with some verbal abuse and effectively told to sod off.

 

I explained the case to A's sister as I had their number on my phone, who was pretty nasty and told me i'm not allowed back to A's house unless she accompanies me. Followed by a form of a verbal abuse.

 

So now it looks like the legal stance of things.

 

Am I correct that because I am executor and sole beneficiary, every single thing mum owns is now mine? and anything done regarding mums belongings and ashes would count as theft if it is done without my permission (i.e... Taking with the intent of permanently depriving the owner of their property).

 

It's sad that it could go down that route with A who has never considered my opinions and her sister who has her head up A's wotsits.

 

Thanks

 

If you are executor you also need to bear in mind the responsibility you hold to the estate : you'll likely inherit all, but what if they make a claim?

 

Was A living with your mother? And dependent on her?? If so she may have a claim on the estate.

 

Just to be particular : regarding theft : it isn't just "Taking with the intent of permanently depriving the owner of their property" - it also has to be dishonest intent....

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Thank you. In theory my mum was dependant on A, however that was only because she lived there. I was the main carer (thus was on carers allowance).

 

She wouldn't be making any claim on the estate whatsoever, in part because she can't be bothered but also because she thinks that because my mums belongings are in her house, she has that sense of entitlement to them.

 

As for dishonest intent. Perhaps that was more of a thing at the start because I know a month or so ago I made it clear I wanted to be able to choose some of mums things to keep for myself, but behind my back she allowed some other people not named on the will to help themselves to a few items with the hope I didnt notice them missing.

 

It's sad it's come to this because its a hard enough time. I would always be open to compromise as long as I am fully consulted (Since a lot of mums stuff does hold sentimental value that A probably would have forgotten). There's just no reasoning with her though

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Am I correct that because I am executor and sole beneficiary, every single thing mum owns is now mine?

 

Technically, I think your Mum's possessions are assets of the estate until you have probate and then they become yours. If the estate is small, you may not need probate, I can't remember what the limit is offhand.

 

It's a picky point I guess, but you're acting in your capacity as executor, if that helps at all. You just happen to also be the only beneficiary.

 

HB

Illegitimi non carborundum

 

 

 

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Technically, I think your Mum's possessions are assets of the estate until you have probate and then they become yours. If the estate is small, you may not need probate, I can't remember what the limit is offhand.

 

Technically, administering any estate requires probate, even the bankrupt ones. If the value of the estate is under £5,000, there is no fee payable when applying for probate. Above £5,000, the fee is £215 for private applications (the fee is reduced to £155 if the application is made through a solicitor, but then they will charge additional fees). For low value estates (typically £30,000 or less) that do not involve property or stocks & shares, most financial institutions will release cash savings without probate once an indemnity form has been signed.

 

As for the property being held by A, if she disposes of the items without consent of the OP or refuses to return them, it would be theft. However, the police are likely to say it is a civil matter and/or if A claims that the items had been gifted to her, the police are unlikely to intervene.

 

A letter from a solicitor and court action may be required to recover the items in question.

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Thanks,

 

I was told by the company who were executors (they renounced the role) and held the will that I wont require probate as it is a relatively small estate. HSBC confirmed this (they have a 20k limit before probate is required). Mum also had £200 in a savings account and £600 (on todays market) worth of shares that I will be able to cash in after paying a small estate fee to the company that she had shares with.

 

The actual items she owned are worth a lot less and it's specifically stated on the will that minus a few exceptions of items she wanted people to have, everything goes to me to do what she wanted me to do with them.

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