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Is the executor of my mother's will performing his duties properly?

45 replies

Stressed206 · 26/10/2020 08:56

I have name changed for this, I am a long-time poster.

My mother left a very simple will which was last updated back in the 90s. She named an old colleague as executor. We were supposed to be changing it so that I was executor and had power of attorney, but sadly her condition worsened suddenly and it was too late.

I have several reasons for feeling he isn't acting appropriately, which I will list for clarity:

  • didn't apply for probate until 3 months after the death because he didn't realise he had to. Thus delaying things considerably.
  • hasn't contacted the bank or any companies to cancel off bills and now I know this because I have just found out that mum's bank account is overdrawn with a hefty daily interest being applied to it. (I used the Tell Us Once service when I registered the death).
  • when I contact him for updates he states that he has been very busy or unwell with various conditions and is unable to make the relevant calls etc. This concerned me from the start and I offered the suggestion that he sign-out of being executor legally, but he felt it was his duty, having been a close colleague and friend to my mother all those years ago.

Leaving all the emotions out of this (and there are many), is there anything I can do here? Probate was applied for in June and we are being told there will be at least a 6-month process due to COVID delays. Or do I just need to sit back and let the process continue now?

I am not the sole beneficiary of the will, and it is not a big one (if any of that matters). It is a modest amount and it isn't about the money at all, I just feel so stressed and helpless and my mum was such an organised person I know she would be upset by it all. Any advice or thoughts on this would be so welcomed, thank you - even if it is that I am being unfair.

OP posts:
LyingDogsLie1 · 27/10/2020 08:36

Does this person want to act as executor? They could have denounced themselves before probate was granted. Sounds like they’d rather not be.

Stressed206 · 27/10/2020 09:15

@LyingDogsLie1I have asked several times and he insists he wants to and can do it. It is infuriating. I am offering to help but I am treated like a child and batted away constantly.

@AmandaHoldensLips your post has given me hope. I didn't know you could do that and this was one of the main reasons I started the thread to see if there was a way of doing it. I am sorry you had to go through that.

OP posts:
Stressed206 · 27/10/2020 09:26

And I’m not a child. I’m in my late forties!

OP posts:
Onekidnoclue · 27/10/2020 09:28

Oh OP. this is awful. I’m so sorry your going through this. I actually found being an executor so comforting, it’s something to do for the deceased. I can’t imagine how stressful having it buggered up must be.
Please clarify if this colleague is being paid for his “services”.
I would absolutely agree about having him removed as an executor either way. You need this done.

Gazelda · 27/10/2020 09:52

Are you the main beneficiary of the estate OP?

Stressed206 · 27/10/2020 10:07

@Gazelda I am yes. I was his only surviving child, but there is one other person on the will. I am starting to think he just hasn't applied for probate.

@Onekidnoclue no he isn't being paid but I stated at the beginning I would not see him out of pocket. He is not struggling financially, I should add.

OP posts:
LyingDogsLie1 · 27/10/2020 10:27

I have asked several times and he insists he wants to and can do it. It is infuriating. I am offering to help but I am treated like a child and batted away constantly.

How frustrating! There is nothing stopping you speaking to the solicitor involved (presuming there is one) and asking what your recourse is?

FinallyHere · 27/10/2020 10:52

So sorry you are going through this, the last thing you need at such a time.

I found these reasonably accurate source of information, useful before actually approaching solicitors.

https://www.saga.co.uk/magazine/money/personal-finance/inheritance/can-you-remove-an-executor

Stressed206 · 27/10/2020 11:53

@LyingDogsLie1

I have asked several times and he insists he wants to and can do it. It is infuriating. I am offering to help but I am treated like a child and batted away constantly.

How frustrating! There is nothing stopping you speaking to the solicitor involved (presuming there is one) and asking what your recourse is?

There's no solicitor involved. It's a DIY situation.

The probate fee hasn't been paid which I assume means it hasn't been applied for.

OP posts:
FinallyHere · 27/10/2020 12:09

probate fee hasn't been paid which I assume means it hasn't been applied for.

It could just be a timing thing but generally it's a good sign that private has not been applied for.

The next step to establish the current position is to find out the tax status from HMCR:

You cannot apply for probate until you have a notice from HM Revenue and Customs (HMRC) saying that you’ve either paid inheritance tax or have no tax to pay.

https://www.gov.uk/applying-for-probate/apply-for-probatee*

I don't think there is any deadline for when probate has to be applied for, but there is a deadline for the payment of tax, which would imply having confirmation that there is no tax to pay.

https://www.gov.uk/paying-inheritance-tax

I would think you have a case that the current executor is not doing what is required. It's clearly tricky to get them to see that without wrecking the relationship. How would you feel about that ?

Stressed206 · 27/10/2020 13:28

Well update. Probate has been applied for. This morning. No apology, no explanation other than the system is crazy and it didn't use to be like this. Angry

I have proof it's been applied for. So at least I know it's in progress now. I am so angry.

OP posts:
Stressed206 · 27/10/2020 13:30

And there's no way I'm letting this man project manage the sale of the house. I will do it all and just wheel him in for bits that need his signature.

OP posts:
FinallyHere · 27/10/2020 13:48

Sounds like progress @Stressed206

Hope you can pick up the threads from here with less stress than you have had so far.

A timely reminder for everyone to make sure their will is up to date and that they have given POA to someone.

Hadalifeonce · 27/10/2020 14:26

I really hope things start progressing for you. It's a terrible time during normal circumstances, please take care, it can be very easy not to grieve as 'life gets in the way'.

Spaceman1 · 27/10/2020 16:00

Probate for my step father took 12 months...

Stressed206 · 27/10/2020 17:47

@Spaceman1

Probate for my step father took 12 months...
I'm sorry to hear that. I hope now, ours is submitted, it doesn't take that long. It's a very simple will.
OP posts:
Soontobe60 · 06/11/2020 17:52

[quote Stressed206]@Hadalifeonce I'm really surprised your probate came through so quickly!! It's been 5 months since we applied and the timescales we have been given are 6 months minimum. Also the bank won't deal with me - I've been in with all the paperwork but then say they can only talk to the executor. [/quote]
All you need to do is take a copy of the death certificate to the bank. And send copies to all the agencies that are still taking money from her account. I did it all for my dad but wasn’t his executor.

RandomMess · 06/11/2020 20:08

I have told the executor of my will when the time comes to ring around a few solicitors get prices and check reputation and hand it over!!!

I am so sorry op his attitude has been awful making a difficult time so much worse Sad

BlueThistles · 10/11/2020 11:03

sounds so stressful... keep in this OP 🌺

Sangham · 12/11/2020 06:38

How awful for you, the executor sounds unwilling or incompetent ( maybe both).

Unless an estate is very complex, and this one isn't by the sound of it, it is actually fairly easy to administer for anyone with time and a bit of common sense ( speaking from my own experience).

Definitely don't let him manage the house sale!

Hope it is wound up soon and you can move on.

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