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Deputy with Awkward Executor

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Summary: FIL died June 2017.

Delay with Estate due to contention between 3 siblings, all of whom are Executors.

 

Contentious Lawyers finally appointed to deal with Estate.

MIL has Alzheimer’s & in a care home.

She lacks capacity.

 

The firm of Solicitors were engaged on the basis that not only do they handle late FILs Estate BUT were also engaged to act as MIL Financial Deputy as agreed by all 3 Executors.

 

1 of the Executors has now ‘changed her mind’.

This particular Executor has been difficult since my FIL died.

 

Her brother (my husband) had to see a Solicitor to get things moving in the first place regarding his Fathers’ Estate. His sister said she was not going to do anything!

It is a large and complex Estate.

 

She initially wanted to do probate, not use a Solicitor & asked her 2 brothers to ‘stand down’.

 

The other brother does not want her to be Financial Deputy & neither does my husband due to her behaviour.

They were happy for her to be their mothers’ Welfare Deputy.

 

Surely, the sister cannot be allowed to keep delaying matters although it seems she can, whatever her reasons are.

 

This must have happened to someone out there and it would be interesting to hear what the outcome was.

Edited by dx100uk
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Moved to gen legal forum


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Hello and welcome to CAG.

 

 

Could you tell us how this executor is delaying things please?

 

 

Best, HB


Illegitimi non carborundum

 

 

 

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Hi

 

Sorry,

 

To clarify, the sister (Executor) isn’t delaying the Estate.

 

She is delaying the Deputyship for her mother (who has no capacity).

 

The Deputyship needs to be put in place ASAP as the mother will inherit from her late husbands Estate. The sister agreed to the firm of Solicitors to act as Financial Deputy. Currently, she has changed her mind.

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As I suspected no advice available and obviously no onus on the sister, who agreed to iSoliciyors acting as Financial Deputy in the first place. BUT my husband will apply to be Deputy for both Welfare & Finances if he is kept waiting much longer. Sister has said to the Solicitor handling my FILs Estate that she will object to my husband making the Deputyship application and he will ibject if his sister should do same .

 

It will all go to Court if she doesn’t act after all this time & hopefully the COP will become my MILs Deputy.

 

All my husband wants is for things to be properly sorted out and things in place.

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Being a large estate in dispute, the beneficiaries need to get solicitors specialised in probate.

No way around it unfortunately.

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Thank you king12345

 

The Estate IS being handled by specialist contentious Solicitors.

 

The current issue is the that the sister has now changed her mind regarding the Solicitors being my MILs Financial Deputy. She agreed to them acting months ago and now she doesn’t. As I’ve already said, it seems she is at liberty to change her mind as she pleases - Perhaps taking her to court for wasting time would be the best option! My husband has just about had enough of her wasting time. Certainly not acting in the interest of anyone, least of all her mother who will inherit. It is imperative the Deputyship is in place before my FILs Estate is administered etc.

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Hello again.

 

 

We're all volunteers here rather than probate specialists. I think it would be better for your husband and the other executor/s to take advice from your lawyer about how to handle this.

 

 

 

HB


Illegitimi non carborundum

 

 

 

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Update: My husband is now forging ahead with his Deputyship application after even more ‘changing of mind’ by his sister & further delays.. He has of course, engaged his own Solicitor who specialises in contentious Deputyship cases. Interestingly, in the last few weeks the sister was attempting to move their mother into a different care home without informing either of her 2 brothers.

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