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Executor not acting in best interest

5 replies

adropnotabit · 24/11/2020 11:23

My late parent left another family member as executor of their estate. They were already suffering from dementia when the Will was made and the executor is not a beneficiary, only myself and my children. This family member most likely suggested the format of the Will and also expressed to me they didn't think I was a good child (didn't look after my late parent enough). I have extreme guilt however I also have a young family, extremely demanding full time work with (pre Covid) extensive travel and lived a long distance (think plane journey). I had a good relationship with my late parent, and miss them terribly, not a day goes past when I don't think of them. We mostly communicated via telephone but had some face to face visits with grandchildren (once or twice a year). With regret I never discussed the Will with my late parent as I felt it was vulgar and grabby to do so. The executor is now being difficult and requesting all communication go via solicitor. I had to request to actually see the Will as it was not forthcoming, they have also sat on the estate for nearly two years without doing anything (it has gone through probate). I have made a request for information into expenses, assets and breakdown but it has been denied. I have also requested to manage/invest the funds for my DC's via my own solicitor/trust rather than the executor who has said they will instead seek financial advice (extremely expensive in my country) and invest the funds. I also do not want my children to suddenly receive a lump sum when they reach a specific age as set out in the Will as I don't think they will be mature enough and could blow the lot and make poor decisions. There is a provision in the Will for the executor to pass on the role of executor, and I would like them to do this. I really don't want to instruct a solicitor and it to get ugly as they are probably well meaning but I don't know what else to do? I am also quite upset and don't want to talk to this family member (I realise this is my problem). Any advice please?

OP posts:
IEat · 24/11/2020 18:17

If you cannot speak to them you'll have to go via a solicitor. Seek legal advice either way.

RedHelenB · 24/11/2020 19:30

If the will states your children get their inheritance at an age they are adult then that is what will happen

adropnotabit · 25/11/2020 03:51

I have reached out to a solicitor... she has agreed the executor is not acting appropriately.

OP posts:
Seafog · 25/11/2020 04:42

You need to work this out through both sets of solicitors, rather than personally.
You may not be able to set out how the proceeds are dispersed, but you can at least get the process moving, and set your self up to be able to help them when the time comes, if they need it

adropnotabit · 27/11/2020 10:00

Well it's done! Letter sent requesting all information, assets etc and that as per clause xxx that I as beneficiary and mother of the other beneficiary's take on role and manage their trust and executor renounce. He's given them 14 days to respond. Let's see what they say.

OP posts:
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