My father died I year ago , with my sister being executor and joint beneficiary of the will. Since then she has been evasive on all matters and lied repeatedly to me, verbally , by text and email. She and her husband are both now driving around in brand new cars and have spent thousands on their property. I have engaged a solicitor [ you don't even get the first 1/2 hour free anymore ] who has written letters which she is ignoring . She seems determined to sell my fathers house to a local wannabe spiv and claims the house was to be auctioned by a property auctioneer , a company which simply doesn't exist, but she now knows that we know , but will she proceed anyway with her plan ? All you people out there who are considering or have made a will think carefully about making a beneficiary of your will also the executor, it might save money on solicitors but it can break up families. I am gobsmacked , never thought it would happen to me .
Of you feel that she is using your fathers money illegally them you must apply to the courts for an injunction and block on all her activities with regards to your fathers assets ASAP. You should engage a lawyer who is specialised in this field. If she is the executor it his her duty to distribute the proceedings from your fathers property in accordance with his will, but it all has to be done in accordance with the law. My uncle fraudulently dealt with my grandfathers estate and my mum and her sisters reported him directly to the police. It's not nice when a family member does this to you but money changes people. It sounds like its already a nasty situation so I would report her directly to the police if you believe that her activities are fraudulent
Thanks for replies . Police ... now there's a thought. The solicitor has warned me that the costs of challenging her as executor could cripple me and then it would depend on the thought process of a district judge
Her duties are to clear any debts left, this is the only thing she can use the money for. If she has access to your fathers money them she has to demonstrate what she has done with it. If she is using this for her own needs she is breaking the law. If she's had a year if doing it then you have one hell of a trail to get on to so I wouldn't delay any longer if I were you. Get legal on her ass and report to the police forthwith!!!
my experience , if the solicitor is already warning you of costs beware , it is likely to cost you big time , the only winners will be them, its very very sad that families are put through this stuff when they should be allowed to grieve properly first. I feel your pain but only you know what you want or what you might think your father would have wanted . Take care ,dont make any rash decisions , she has to live with this , money breeds greed , it isnt everything in life .
I'm afraid to say if you're using some local solicitor, then depending on how much is at stake you might be better off going to a specialist, who will know that area of law and should be more robust in fighting your corner. Really just reiterating what the @Joker has said.
You can file the petition to remove her as executor yourself via your local probate registry without the need for legal representation. This can be done to have we removed if you feel that she is unfit to execute your fathers wishes. Again, if you feel and have proof that her activities are illegal you need to take your documentary evidence to the police ASAP.
Agree with @Joker - a specialist is the way forward and bare in mind that people like her (on evidence of your writing) soon plop their pants when court orders appear - it's also worth remembering how costs are awarded on judgement. Btw - my understanding is she can claim some costs incurred in executing the will - these need to be reasonable. Are there any other beneficiaries to the will?
have you read the will or do you have a copy.. you need to know what has been left to who and how much to each. you can contact the probate officer that has dealt with the will
Surprisingly yes, we agreed that each could have a nominal sun from the estate , but as soon as I requesting a copy of probate and tried to keep a piece of land , she turned taliban. In reply to Wendy gun, yes I have a copy of the will and it's 50/50
I would try and approach your sister (even though you may not want to) sit down and discuss the matter or its going to cost you both. Are you still on speaking turns ,do you live near ,even if your not I would try to. I would try to sort this out between you and soon as well.
get in touch with the probate officer, explaining what concerns you have and they should have all the details of the value/estate etc and should advise you what needs to be done, legal rights and all that. sorry about your dad aswell. he did his will so you both benefitted not just one
Thanks everyone . I'm on Tyneside ,she's in Devon and it's gone beyond talking , been trying to do that all year. I'm gonna contact the relevant probate officer next week . I'd never get any sleep if the roles were reversed. Been into town today and bought me daughter a new pair of shoes ,so feeling a bit better now.......DOH!
