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Executors passing work to another firm?

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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

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Our condolences Spangles

 

Who appointed the executors ?

 

How big is his estate ?

 

Andy


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My Dad and I thought it would be a good idea so there wouldn't be any arguments between me and my brother. We thought it would be easier. This is a nightmare. It's not supposed to be an "investigation"!

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Not sure why they want to see your bank statements dating back to 2012 as it shoudl have nothing to do with them unless you had Power of attorney on your Dad's account. I hate it when solicitors are appointed as executors. One of them fleeced my uncle's estate for over eighty thousand rand which was about £8000 in our money over time. The estate was notr very big so nearly a quarter gone to solicitor. Many years ago a close friend lost both parents within a year and Barclays executors help themselves to nearly half the estate!

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Not sure why they want to see your bank statements dating back to 2012 as it shoudl have nothing to do with them unless you had Power of attorney on your Dad's account. I hate it when solicitors are appointed as executors. One of them fleeced my uncle's estate for over eighty thousand rand which was about £8000 in our money over time. The estate was notr very big so nearly a quarter gone to solicitor. Many years ago a close friend lost both parents within a year and Barclays executors help themselves to nearly half the estate!

 

I had LPA from 2015 onwards, not before. My brother had LPA from 2009 to 2015. We really thought it would be better to have solicitors be executors, who would just get on with it, than my brother accusing me of allsorts and holding everything up. Of course, now the solicitors are doing it. We've lost thousands already.

 

I'm about to buy a property. Can they put a charge on it if I put it into a Limited Company name, rather than my own? I'm going to call my solicitor tomorrow and just read the letter over the phone, as I'm so sick of forking out for everything. I'd rather go to court. I don't think there's much left in the estate. Dad gifted his share of their apartment to me (basically to keep it out of the estate, so I'd have something). And I'm using that money to buy a flat so i don't end up homeless. My Mum's Deputy, also from the same firm, know about this and are refunding me half the costs as well as reimbursements for petrol etc. it makes no sense. What I don't want to do is say the wrong thing.

 

I've got Best Interest minutes, Safeguarding minutes where I brought the carers into a safeguarding complaint, letters from my MP and an article in the local paper. Letters my Dad wrote saying he wanted to help me financially a I was helping them. I've got loads of supporting documentation and evidence. My Dad was the breadwinner, so it was up to him what he did with his money.

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Something in that back of my mind tells me the appointed solicitors need to get the permission of the next of kin before they can assign another lot of solicitors to execute the will as that may be against the wishes of the father as per his will? Worth checking and whatever you do keep a paper trail.

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I already questioned the appointed solicitors, who merely forwarded it to the new ones who said "We note you queried the reason for our instruction. Our client (appointed solicitors) has identified a number of transactions on the deceased's accounts which require an explanation. Our client is therefore entitled to take legal advice and to employ solicitors to act on their behalf in relation to possible claims that the estate may have." They confirm their fees will be paid from the estate. They also ask me to further any correspondence to them from now on. "Should the estate bring a successful claim against any person, including me, the court may order that those costs be borne by the defendant to that claim".

 

I've been "explaining" queries all year, which has cost me money I was supposed to be living off. I think I should make a formal complaint about the first lot via their policies and procedures (having already complained about them last year). They've threatened me before, and then backed off. I wonder if I'd win if they took me to Court, and should I mention that to them?

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Hey Spangles, sorry about all the trouble you're having. I'm in a similar situation myself. My mother passed away a few months ago and appointed solicitors as executors. They seem to be doing a ridiculous amount of work, asking for answers to questions which I just can't see are relevant. That seems to include historical transactions. I did a little research myself and found on this probate website that these gifts can be included for inheritance tax reasons. Do you think that may be what yours is about? I'm wondering if maybe this is what mine is about as my mother used to make the occasional gift to me. Do let me know if you find out.

 

I also found this article about removing executors but it looks like it can be quite difficult to do. It's probably going to be really expensive to take a firm of solicitors to court too, so hopefully you can get it sorted out.

 

Good luck!

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Hi JemimaT, thanks for the Probate Link, that's really useful. The gifts are for Inheritance Tax reasons, but I think they fall below the bracket. My solicitor has advised me what to say to them as I had to respond last week. He says it's a fishing expedition.

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