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Legal matters

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Original poster

What happens when executor doesn’t act correctly?

37 replies

Uncreativename · 01/06/2023 12:17

Anyone know?

backstory is elderly aunt lost her husband last march. It’s just started to come to light that her son may not be dealing with the estate properly.

aunt hasn’t seen the will, isn’t allowed to see the will as she “wouldn’t understand”- is forgetful and in assisted living, but competent.

bank accounts haven’t been informed of death or assets realised, direct debits for the former home are still being paid from his account. Probate hasn’t been granted according to gov.uk, unsure if it’s needed if aunt is sole beneficiary.

we are also fairly sure that in the two years his Parkinson’s was terminal the son may have been “managing“ accounts and removing significant sums. He is saying he had permission as he was assisting him with day to day living.

solicitors are now involved on behalf of aunt but anyone know how long the process takes and when we may be told anything? And what happens if he hasn’t been acting correctly?

is he likely to be in trouble legally?

OP posts:
NewUserName2023 · 01/06/2023 12:39

Sorry for your loss. If you know the solicitor Duncle used for his will she can surely request in writing a copy of the will from them as she's a beneficiary then you can both read it.
Did your aunt have joint accounts with her late husband, so assets should have been transferred to her sole name? Who has financial POA for your aunt - her son, or you?
Is the house going to be sold or rented out to pay for her assisted living expenses (in which case utilities would still need to be paid until any sale?) You say you're aware money is going out on utility bills/bank statements? Can you redirect the post to Daunt so you can have sight of them?

Original poster
Uncreativename · 01/06/2023 13:04

Thanks.

no, no idea of solicitor. Without the will aunt has no proof she’s beneficiary, so banks etc can’t give account information.

no joint accounts. Son has POA for aunt.

house is up for sale..

OP posts:
Freebritney · 01/06/2023 13:21

Has probate been granted? If so you can apply for a copy from the government website.

SleepingisanArt · 01/06/2023 13:26

If your aunt is in England and was married to your uncle then unless the will stipulated otherwise she is the beneficiary (and why would your uncle cut her off?). When my mum died probate had to be applied for and granted even though my father was the sole beneficiary. Until probate is granted the house can't be sold.....

Original poster
Uncreativename · 01/06/2023 13:30

Freebritney · 01/06/2023 13:21

Has probate been granted? If so you can apply for a copy from the government website.

Don’t know. I have searched the gov website and it isn’t showing so we assume not.

son has shown estate agent the will so this together with the death very means it can be sold? Which presumably means aunt is beneficiary.

it’s a mess. Solicitors have written a letter but no response.

OP posts:
Bluebells1970 · 01/06/2023 13:35

Can you report to social services as possible financial abuse?

CalloohCallayFrabjousDay · 01/06/2023 13:36

Bluebells1970 · 01/06/2023 13:35

Can you report to social services as possible financial abuse?

Yes and maybe police?

Original poster
Uncreativename · 01/06/2023 13:43

Social services have been in touch with aunt and are happy that she is ok currently. They can only action her own finances as everything was separate so the will stuff is not within their remit.

banks are investigating, but it is taking ages and they can’t tell us anything without a will.

we’re just completely in the dark. Everything I’ve read says you can get an executor removed but it’s likely to cost £££ in legal advice.

OP posts:
SheilaFentiman · 01/06/2023 13:47

I would ring Age UK for advice.

INeedAnotherName · 01/06/2023 13:47

Son has POA for aunt.

I don't know what that means. Does it mean he looks after her finances too? If so that might be part of the problem as he has legal rights in her business, his fathers business before death, and executor of will. He doesn't need to consult anybody.

Supersimkin2 · 01/06/2023 13:48

You’re doing all the right things. Ask the solicitor to suggest mediation. If no response, you ask the probate service to ask him for a copy of the accounts. When this doesn’t turn up either, it’s Court to get rid of the son, get the money back and get the estate dished out properly.

The estate agent has 0 to do with it - completely irrelevant them seeing the will.

SheilaFentiman · 01/06/2023 13:49

Does your aunt have her own bank account and then her husband had a bank account which is still covering bills?

SheilaFentiman · 01/06/2023 13:51

If your aunt still has capacity, she can withdraw the POA. If she has agreed for solicitors to act for her, that would indicate capacity

MissLucyEyelesbarrow · 01/06/2023 13:51

Son has POA for aunt.

As you say she has capacity, he can only exercise financial POA with her consent. Can the solicitor help with a letter, making it clear that she does not consent to him acting for her?

A house can be put on the market before grant of probate, but not sold.

Supersimkin2 · 01/06/2023 13:52

You can report the son to the court of protection on behalf of your aunt as he’s supposed to be managing her assets, which include DU’s legacies. He can be removed as POA for a start and the CoP step in. Tee hee. Not good news for DN.

Maxiedog123 · 01/06/2023 13:53

If your aunt has capacity can she revoke the power of attorney?

SheilaFentiman · 01/06/2023 13:59

You can check the title on the Land Registry for £3 to see if your aunt and uncle are both listed as owners

Fraaahnces · 01/06/2023 14:01

Damn! I would call the police. Elderly abuse is a crime and this needs to be taken seriously.

Fraaahnces · 01/06/2023 14:01

*Elder Abuse

tailinthejam · 01/06/2023 14:08

Uncreativename · 01/06/2023 13:04

Thanks.

no, no idea of solicitor. Without the will aunt has no proof she’s beneficiary, so banks etc can’t give account information.

no joint accounts. Son has POA for aunt.

house is up for sale..

You cannot sell a house until probate has been granted. We are doing this very thing as I write.

SlightlygrumpyBettyswaitress · 01/06/2023 14:12

You Aunt can revoke the POA which only gets activated when she is no longer able to manage her affairs.
I would start there.

MissLucyEyelesbarrow · 01/06/2023 14:17

SlightlygrumpyBettyswaitress · 01/06/2023 14:12

You Aunt can revoke the POA which only gets activated when she is no longer able to manage her affairs.
I would start there.

That is true of a health and welfare LPA - it only comes into effect when the donor loses capacity.

With a financial LPA, however, the attorney can act on the donor's behalf, even while the donor retains capacity, but only with the donor's permission. That's why I suggested a formal letter, making it clear that the aunt does not give the nephew permission to act for her. The LPA can be formally retracted, but this may take a while. The OP needs to remove any wriggle room for the nephew to act in the meantime - in the absence of clear instructions to the contrary, he may otherwise be able to claim that he was acting with his mother's consent.

I would have a low threshold for involving the police.

AmandaHoldensLips · 01/06/2023 14:23

Yes, he will be in trouble legally if he has mismanaged the estate and made false representations. It's fraud. Also possibly financial abuse of an elderly person. Both these are criminal acts.

Are you close to your elderly aunt? And I'm guessing the son is your cousin? Do you know if he is sole executor of the will?

If you aunt is a beneficiary, then she has a right to information during the probate process.

BestIsWest · 01/06/2023 14:31

If your aunt and uncle were joint tenants then ownership of the house would pass directly to your aunt and probate is not needed in order to sell it.