Executor won't communicate. What to do?

[missmartha01]

My father died in December 2014 in New Zealand, splitting his estate equally between me and my brother and appointing my brother executor. There is a will and this is very plain. My brother and I are the only beneficiaries, our mother died some years ago.

Since then my brother has made things increasingly difficult.

He seems to have appointed a solicitor who has a holding account for dad's money and the money from his assets as they've been realised.

I received some money directly into my bank account in July, but this was obviously not the whole amount and it was not a 50-50 split either, my brother appears to have awarded my SiL a sizeable amount which he has taken from my share of the estate.

When I questioned this and asked to see a breakdown of the accounts my brother informed me that he never wanted to have anything to do with me again and indeed, although there is definitely more money due to me, he hasn't responded to my letters.
He was last in touch with me in August last year.

I did contact the solicitor, and I was sent a copy of my brother's reply staying that he (my brother), wanted no more to do with me and would refuse to pay any further fees to the solicitor if they became involved.

Sorry for the long post, but where do I stand?

I don't know what it would achieve but I'd be setting out that you are the deceased's daughter and 50% beneficiary, copy a note of what you received, which shows a payment to your SIL, who was not a beneficiary and ask if you're entitled to a copy of the final accounts and schedule of distribution (or whatever the terminology is)

End by saying that you have reason to suspect the winding up of the Estate and distribution of assets has not been dealt with according to the terms of the Will, but that you've not been able to establish the facts and figures and pinpoint the responses you've received.

I have no idea about NZ law but they should at least respond to you in a proper and informative manner.

The company your brother used couldn't even do that. Go Away is not an answer.

Well only you know what it will achieve. There is clearly no relationship with your brother so why wouldn't you investigate further to see what's happened.

It certainly can't do any harm to contact the NZ Law Society for guidance. They will be able to tell you if the solicitor is 'above board, will have a complaints process you can take against the solicitor, and will be able to put you in touch with some legal support in NZ.
Good luck, I'm sure the money is not your primary concern, but it must hurt to know that your DF's will is not being executed to his wishes.

Just for your information OP, in the UK this is the situation - information taken from mylawyer.co.uk -

Estate account

The final step in the administration of the estate is likely to be the preparation of the statement of account for the residuary beneficiaries. The purpose of the account is to show all the assets of the estate, the payment of debts, administration expenses, income accrued, payments on account made and legacies paid and the balance remaining for the residuary beneficiaries. The balance will normally be represented by a combination of assets transferred to the beneficiaries in kind or cash. Approval of the accounts is shown by signature of the beneficiaries on the accounts releasing the Executors from further liability to the beneficiaries in the absence of fraud or failure to disclose assets.

I think contacting the Law Society is a really good idea.

I'll have a go at it tonight, I'll hunt down the emails and other things I've had from them. Not much actually, just a request for bank details, apart from that I think it's just the letter telling me not to bother them.

It looks like a small company btw, possibly a husband and wife.

Thanks, it's a way forward I hadn't thought of.

Let us know how it goes. It sounds like a very dodgy solicitor that would that kind of thing anyway. Are you sure it's not your brother faking headed paper or something?

Sounds really dodgy, it's easy to fabricate letterheads nowadays

I did actually look them up online and they do seem to exist. I'd be asking myself the same question otherwise.

Thanks, I will keep people posted. You've been very kind and helpful, I was beginning to think I was going mad.

Well they definitely deserve to be reported to the Law Society then.

Best of luck missmartha, glad my suggestions sound interesting.
All you want is to know that everything's been dealt with properly and to put everything to rest.

I'm sorry for the loss of your father and how your brother's turned out, very sad on both counts. Hopefully you'll get some answers and a resolution.
Please do let us know. I hope you do get the answers you need.

Going through emails after I requested information from the solicitor, regarding the way the estate had been split prior to distribution, I found this from my brother to him.
Is it unreasonable of me to expect a reply from the solicitor dealing with the estate? I don't know.

Bear in mind that the only beneficiaries are me and my brother.

"So long as it is ethical to do so, I have no problem with you providing my sister with the additional information she requires, with the understanding that what she’s requesting is extra and separate from our original contract and will be billed to her. "

I never did get a response from the solicitor.

What contract? Alarm bells!!! Solicitor must be on the take.

As executor, he should not charge you extra to be provided with estate information.

Presumably the Solicitor quoted a fixed fee then for their work, however, the e

Sorry malfunction
However, legal costs for winding up and settling an Estate are taken from the Estate's assets prior to distribution. Executors are allowed reasonable costs also, with receipts of course, also taken prior to disbursing bequests.

Your brother has not paid the Solicitor, as Executor he has authorised thei charges, but he has not personally funded the cost of settling the Estate.

Seriously don't let this go! It sounds to me like they are a small dodgy firm and that they & your brother are hoping that because it's the other side of the world you will just forget it. I would contact the NZ Law Society and make further enquiries - there ought to be a complaints process you can use - and it wouldn't surprise me if more money is forthcoming quite shortly.

Yes, sorry getting muddled. The costs involved in being executor i.e solicitors fees. Probate fee, come out of the estate prior to distribution. Your brother has not done anything with transparency and has clearly breached the terms of the will and is lying his head off and obstructing.

Get a copy of the Will that went through Probate OP.

Not only is it very strange that your brother's cut off all contact, refusing to discuss settlement of your late Father's Estate and that the Solicitor has simply neglected to communicate with you, but also that your SIL has been in receipt of any monies if she's not a named Beneficiary in her own right. It would be wrong for the Solicitor to pay funds directly to her even if it turned out to be in lieu of money due to your brother from his portion of the Estate.

The potential 'conflict of interest' comment by the Solicitors doesn't make any sense. There is no 'interest' only the debts, funds and wishes of the Deceased and the Executor's and Solicitor's legal obligations to carry out all of those in a proper manner (and be able to prove having done that)

Get the up to date Will just in case there were changes you're unaware of - and presuming that you haven't already seen it - offer to pay the Solicitor in question for a copy of the final accounts and get in touch with the NZ Law Society.

I think it would be a conflict of interest. It's fine for a solicitor to act for both parties when they're in pursuance of the same goal (ie an equal and fair distribution of the estate in line with any wishes set out) but it's clear in this case that the OP's idiot brother has decided to divvy it up in a completely different way so the parties are no longer seeking the same end goal. I suppose here in the UK you wouldn't be able to act for either party but not sure about NZ.

OP it's a really shit situation - I hope you get it resolved. Unfortunately I know from personal experience that inheritance can bring out the absolute worst in people - you have my sympathy!

It is a conflict of interest if a party asks a solicitor to act on their behalf and represent their interests and said solicitor already represents another interested party, but simply asking for cold, hard facts which should all be above board?

The solicitor in question wasn't 'acting for' the Executor, they were carrying out the instructions in the Deceased's Will as administered by the Deceased's Executor.

Again, the OP's brother wasn't paying the solicitor, the Estate was.

Nothing to add to the good advice above ,but sympathies for you at loosing you dad and now having trouble with your brother .

I'm trying to help a friend who is also having trouble with an executor and it's making her feel pretty bad . She knows ,logically ,that she's not the one acting badly but she feels nervous and lacking in confidence ( which is not like her ! ) .Maybe because it's to do with money ? Somehow it makes things seem sordid and as though you're being greedy .You're absolutely not but that's what people like your brother play on .

So my message to you would be to carry on .Don't give up without a fight .
The NZ solicitors sound v dodgy ,they shouldn't get away with it and do it others .