To wish that my aunt was not executrix of estate?

[RichPetunia]

My uncle - my auntie's brother - has died. She has been named as executer and is selling his properties. She also had power of attorney before he died. I am now worried that she is abusing the trust that has been placed with her as: a collection (worth quite a bit of money) was, according to my aunt, given away rather than sold, his car (worth £55k) is now sitting with a DLA badge for executrix outside her house. House and other property has also seemingly been put on the market but I can find no trace anywhere. He also gave her £100,000 before he died which has mysteriously disappeared. My uncle left everything to my auntie on the understanding that everyone else in the family was 'taken care off'. She is now saying that he only left everything to her. I am very concerned that my aunt is administering the estate for her own gain and need advice on how to proceed. My uncle was survived by his mother, brother and aunt.

Presumably the brother is your father? If he has any concerns then he can speak to his sister. It sounds like your uncle did make arrangements and left everything to his sister. If he wanted things to go elsewhere he could have written it in the will.

Have you seen a copy of the will? If not, apply for it.

Apply for a copy of his will. If he didn't leave a will then yes as executrix etc she can do as she wants it's impossible to know what your uncle said to her. If he did them then the will should spell everything out if not then you have to accept that your aunts choices Agree it is your fathers place to sort this though assuming it was his brother. I hate money and will issues

My uncle left everything to my auntie

There is your key phrase. Verbal agreements don't count. It is your aunts to do with as she wishes.

You can obtain a copy of the will, but if no one is named specifically other than your aunt, then it is your aunts money.

If he died intestate, I'm afraid all his assets go to next of kin, in this instance his mother.

Just so you know order of next-of-kin: spouse, children, grandchildren, parents, siblings, nieces/nephews, first cousins, second cousins.

It will cost you more money than you are likely to "inherit" to challenge a will in the UK.

Do you have any reason to believe that you were named as a beneficiary in the will? If not it has nothing to do with you.

The Power of Attorney ended with your aunt's death. If she is executrix, then there must have been a will. As Mama says, it's a public document and you can apply to see it. Ask CAB for details. Regarding the gift of £100,000, the solicitor will have to declare this to HMRC for inheritance tax purposes if the money was handed over within the last 7 years. The value of the house and all his possessions will have to be declared.
I'm sorry, but, unless your uncle made specific bequests in his will to the rest of the family, your aunt is entitled to the whole of his estate as his sole heir.
I'm not a legal expert, but have been executrix for 3 probates. How do the other family members feel? Any challenge to the will is likely to eat up the estate in legal fees. Better for the relatives who feel aggrieved to try to sort it out privately with your aunt.

Sorry uncle's death.

Checking the rules on intestacy, you (as a niece) cannot inherit if your parent is still alive (that being the parent who is sibling to he deceased)

www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm

I think that one of the the duties of the executors is to maximise the value of the estate - so giving away a valuable collection (if there are beneficiaries other than herself) would be contrary to this duty. Agree with the others- apply to get the will- costs about a fiver.

If the will says everything is hers - then it's hers. If it doesn't, then you can take action.

I agree you could do with seeing the will or finding out what's going on. But, btw, that amount of money he's given her can't 'just disappear'. She'd be paying a heavy amount back on it. But if he gave it to her before he died, it is hers.

How do you know he left things to her on this understanding? If she had power of attorney, I assume he needed her for some reason - is it possible he wasn't quite sure what he was saying to you/the family? That would be really sad, but your aunt isn't necessarily doing anything wrong.