Executor of Will has removed items from property without permission?

[dx100uk]

trying to sort this out for a neighbour....

 

a person whom is specifically mentioned in an English will

in the regard of: a gift of £30k in respect to a loan they gave the decreased

 

has it appears cleared out all personal items of the deceased

as well as many very valuable items that were destined for distribution along with the sale of said property as part of the estate distributed amongst surviving children.

my neighbour being one of these.

 

this was discovered when he was escorted to the property by the solicitors/agent to collect 'something' to remember his dad by for the meant time and collect photos etc etc.

 

this person is an executor of the will, but retained a set of keys when they should not have done?

and have never been escorted like his son was and his other son that was escorted around at another time too..

 

the person has returned on numerous occasions since the death until my neighbours visit [we have CCTV evidence!!] and can be seen for want of a different word, rifling the place of anything of worth.

to the extent that other than photos, there are NO personal effects of their father left!!

even the bedding has gone!!

[yes this person and my neighbours deceased dad have lived together many a year]

the property was a second home.

 

the solicitors seem non plushed by this.......

 

but surely this cant be legal?

 

your thoughts CAG please

[BazzaS]

Some wills create that the executor becomes the legal owner of the property, holding it on trust for the beneficiaries, and entrusted to sell it to realise the maximum amount for the estate..

 

Even without this, the executor can secure valuable items, and may well remove them from a property in advance of the sale of the property.

 

If there were bequests of specific items, then these should go to the named beneficiaries, once probate has been granted.

 

So, if they are behaving inappropriately really depends on what the will says!

 

Do you (or the beneficiary) have any proof that the executor is actually acting in breach of their fiduciary duty to the estate of the deceased?.

Has probate been granted?.

[dx100uk]

it is unknown to me at present if probate has been granted

there were no specific bequests of any specific items in the will.

 

 

only gifts of exact sums of money to various people once the full estate has been valued and sold.

this inc this repayment of a loan of £30k to this person the only named executor of the will other than the sols.

[Ethel Street]

Some wills create that the executor becomes the legal owner of the property, holding it on trust for the beneficiaries ...

 

 

My understanding from having been an Executor several times and discussed this with my solicitor is that under English law an Executor is always a Trustee who holds the Estate in Trust for the beneficiaries except in the uncommon situation where the Will specifically makes someone else (a non-executor) the Trustee to hold the assets. Although it's a common standard form of words for a Will to say 'X is appointed Executor and Trustee,', X will be a Trustee of the Estate anyway even if 'trustee' isn't mentioned in the Will. An Executor/Trustee is the legal owner of the deceased's assets from the point of death. [but I am not a lawyer so please don't act on my understanding!]

 

Executors therefore have the power to take possession of the deceased's goods and property, and the duty to safeguard them. Not only is an Executor entitled to have a set of keys to the house I'd say they have a duty to have a set (to safeguard the assets) and duty to collect in keys held by anyone else. My solicitor advised me, as Executor, to change the locks so that I was in sole possession of all the keys to the deceased's house. If there are no specific bequests of particular goods, only bequests of money, then in principle the Executor can remove and take possession of the deceased's property. Executors are usually advised to remove valuables from the deceased's property as soon as possible. for safekeeping. The Executor needs to have Probate to do this, although is likely to need Probate to deal with the 'outside world' in administering the Estate.

 

The bit I'm unclear about here is how many Executors there are. If there is only Executor then what is described sounds legal. But if there is another Executor then they need to act jointly I'd have thought? An individual Executor could take possession of property and safeguard it but because the executors are joint trustees of the estate, and therefore the joint legal owners of the property, the sale or disposal of the assets must surely be agreed by all the Executors?

[honeybee13]

dx, you can see if Probate has been granted, in England at least. Here's a link to the Probate Office site;if you search someone's name having answered a couple of questions, you can see the date when it was granted. It costs nothing unless you want a copy of someone's will.

 

Different system for Scotland, there's a link at the bottom of the page in my link.

 

https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

[Ethel Street]

The Executor needs to have Probate to do this, although is likely to need Probate to deal with the 'outside world' in administering the Estate.

 

 

My editing got timed out. That should read: "The Executor does not need to have Probate to do this, although is likely to need Probate to deal with the 'outside world' in administering the Estate."

[BazzaS]

Some wills create that the executor becomes the legal owner of the property, holding it on trust for the beneficiaries.

 

My understanding from having been an Executor several times and discussed this with my solicitor is that under English law an Executor is always a Trustee who holds the Estate in Trust for the beneficiaries except in the uncommon situation where the Will specifically makes someone else (a non-executor) the Trustee to hold the assets.

 

Correct. However, you've truncated what I actually noted!, which was

Some wills create that the executor becomes the legal owner of the property, holding it on trust for the beneficiaries, and entrusted to sell it to realise the maximum amount for the estate..

 

So, yes, the estate is held on trust. So, not only can the executor remove valuable items for safekeeping, but additionally can sell those items under instruction from the will (and, if the will instructs it - has a duty to do so)!.

 

My point was that even if the items have been removed, and even if they have been sold, there isn't necessarily a breach of the duty the executor owes the estate, depending on the terms of the will.

[Ethel Street]

Correct. However, you've truncated what I actually noted!, which was

 

 

So, yes, the estate is held on trust. So, not only can the executor remove valuable items for safekeeping, but additionally can sell those items under instruction from the will (and, if the will instructs it - has a duty to do so)!.

 

My point was that even if the items have been removed, and even if they have been sold, there isn't necessarily a breach of the duty the executor owes the estate, depending on the terms of the will.

 

We are in complete agreement Bazza

[dx100uk]

probate has been granted.

 

 

so, it appears she has done nothing wrong then.

so tough luck

if any item is not specifically mentioned on the will it can be magic'd away by an executor and to all intend and purpose the solicitors [the only other named trustee/executor in this case] is none the wiser it existed and has no powers to do anything even with CCTV proof of her taking valuable stuff away....poof!!

[Ethel Street]

probate has been granted.

 

 

so, it appears she has done nothing wrong then.

so tough luck

if any item is not specifically mentioned on the will it can be magic'd away by an executor and to all intend and purpose the solicitors [the only other named trustee/executor in this case] is none the wiser it existed and has no powers to do anything even with CCTV proof of her taking valuable stuff away....poof!!

 

Well, yes an Executor can indeed take anything away and sell it if, as here, the Will requires all the deceased's property to be sold and bequests of money to be made from the proceeds. Your neighbour's choice of language - "magic'd away'" "taking valuable stuff away ... poof!" isn't a reasonable way of describing what the Executor has done. The Executor is just doing what the Executor is required to do!

 

In your first post you talked of the executor "rifling the place". I can tell you from experience that that is precisely what executors have to do. A primary responsibility of the Executor is to identify all the assets and liabilities of the deceased, collect in the assets and pay the debts. You can't do that without rifling through every drawer and pocket in the deceased's house. You find the most surprising things in the most unlikely places.

 

However, the Executor is accountable to the beneficiaries for their administration of the Estate and for the assets. If the Executor has sold the items the proceeds must be held in an account in the name of the Estate. The Executor can't keep it for themself (if that is the implication?). The beneficiaries could take legal action against an Executor who failed to act honestly or didn't comply with trust law.

 

If the solicitors are joint executor then I'd have thought the other Executor needed to have their agreement. Are they not talking to her? They're solicitors with a specialism in this area. They must know what they can and should do to make sure one executor doesn't act without the agreement of all executors!