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Legal matters

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What court action can they be referring to? A little advice needed please.....?

7 replies

bramblina · 06/03/2012 20:40

I am executor of dh's Grandfather's will. Before the death, the whole family fell out over money and inheritance.

DH's uncle and my FIL no longer speak, so he has tried to get me, through his solicitor, to deal with issues not relating to the will. This has hindered the duties I have, so recently I lost it in a letter to his solicitor and plainly said this is ridiculous sibling rivalry and told him a vague synopsis of why the uncle was being so awkward and that I am no longer prepared to converse regarding these issues. It was obvioulsy a good plan because these issues have now been cast to one side.

However, in the same letter the solicitor then gave me an ultimatum of dealing with the current issues, ie filing for probate etc, within 2 weeks or they would advise court proceedings! Charming, I have tried for a year to get this dealt with Hmm
So last week I got on to it and have gathered the info I need to cancel insurance policies etc, then on Friday receive a letter to say as I have not responded within the time scale given they will now move to court proceedings!!
I am pretty sure this has cost the uncle a fair whack in solicitors fees already, and it has now become a matter of principle, but I doubt they would actually file the court proceedings as it would be so costly- but I really don't know what they suggest they would take me to court over? Taking too long?! Is this possible? Does anyone know if there is any truth behind what they threaten or are they really trying to call my bluff?

OP posts:
bramblina · 06/03/2012 21:08

Please, somebody?
A bit long, wasn't it Blush

OP posts:
babybarrister · 06/03/2012 21:35

This reply has been deleted

Message withdrawn at poster's request.

bramblina · 06/03/2012 21:58

Thank you. But if I ahve shown to have been trying surely I will be OK? Are they just trying to take the upper hand? After all, they have been holding things up more.

OP posts:
bramblina · 06/03/2012 21:58

Do you mean to look on Google?

OP posts:
gregssausageroll · 07/03/2012 07:51

Yes, you can be taken to court for not performing your duties as an executor. When did he die? You can be removed if it is seen that you have delayed matters.

gregssausageroll · 07/03/2012 07:52

I just read it was over a year ago and you still havent sorted insurance policies out. To be honest these should have been dealt with immediately. Why has it taken you a year? I do think they may have grounds.

bramblina · 07/03/2012 21:13

Yes I agree they should have. I was hoping to get all the bickering out of the way first, really didn't expect it to take this long.

My husband works abroad, I have 3 young children, a disabled mother, a business to run, have had a miscarriage, to name a few reasons why this has not been my priority. But will get it done now. Thanks for taking the time to reply.

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