Will probate

[Stevee58]

We knew the amount that the 3 beneficiaries were due what happens if the executor has spent it ? Its been over 15 months . There was a will no sale of property involved no loans prepaid funeral. What can we do .

Has the executor already applied for a grant of probate?

There's some general advice here but it's probably worth getting specific advice from a solicitor.

You can take action to force the executor to distribute the estate and produce estate accounts. If it turns out that the estate has not been administered correctly, the executor may be liable.

Probate has been ongoing since March 2021. We thought the solicitor would have protected the money for the beneficiaries but didn’t .we have contacted the solicitor now and waiting for a response as to why he didn’t secure the funds and why it has taken so long. We are Also asking if she can be removed as executive as she has acted fraudently eg spending money that wasn’t hers.a website said that could be done.

Is the solicitor the executor? In what way has the executor acted fraudulently? What evidence do you have?

My sister is the executor the solicitor was doing the probate, he has said there is no money to distribute as she has spent it. After our mothers death the will stated all monies in her bank and saving accounts were to be split 3 ways . This figure was identified quickly by our sister and the solicitor. But it has all gone she has spent all of the identified money for distribution to the beneficiaries so there is nothing to distribute . Why the solicitor didn't keep it securely so that it could be given out as per our mums will. So the 45k that should have been set aside she has spent.

I think you may be able to take legal action against executors who steal from the estate.

Where was the money? How did your sister get it transferred to her without the grant of probate?

Iirc when I executed a will all monies came to me and I had to distribute them to the beneficiaries
At no point did the solicitor /tax office check if I'd distributed as per the wishes of the diseased. I just got a bill to pay the IHT then one from the solicitor
I remember being quite surprised about how lax any checks were.

I’m actually appalled at the slackness surrounding estates. I’m the executor of my mums estate. There’s not much money, a house worth well under 100k and 5 beneficiaries.
So far, I’ve received the money from her bank account (under 10k) and 2 insurance policies worth less than 20K each. It’s sitting in an account in my name. If I chose to be dishonest, I could quite easily pocket the policy money, get rid of any paper evidence and my siblings would be none the wiser.

If the solicitor is not the executor, it isn't their job to secure the funds and they don't have any authority to do so. The executor is, of course, entitled to use the money in the estate to pay for a funeral, any debts, etc. If she has spent the money inappropriately, she will have to refund the estate. You need to consult a solicitor.

Thank you everyone I will let you know what happens. The results maybe useful for others