What happens when executor doesn’t act correctly?

[Uncreativename]

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?

But, if that's the case, the EA should not be marketing it without the aunt's consent. Have you contacted the EA, OP?

If your cousin has POA for your aunt, would her care home/assisted living office have a copy of it on her record with them (and be able to confirm the solicitors name at least) as it could be the same solicitor who did both her POA and wills for them both (presuming she has a will?) Did they have mirror wills?
If not, you might have to draw up a list of solicitors in her town and contact them.

Ring the bank and give the date of death and the account will be frozen immediately.

This. It is a matter for both police and social services

The risk with that is that payments for the aunt's care home will also be frozen. Hopefully she has some savings of her own, as the accounts weren't joint but, if not, I'd discuss with her solicitor, before informing the bank, to make sure the aunt is protected.

Thanks all. To answer some questions:

son doesn’t have a solicitor. Is doing it all himself, downloading POA forms and neighbour witness etc.

social services involved. Aunt doesn’t want the police involved so currently we are respecting her wishes.

bank is frozen. House- aunt didn’t want to leave her own house but it was presented as the best option to move as she is getting increasingly less mobile. The option to arrange carers was never considered. As she is now settled in her assisted living she has decided she’d rather have the money to spend. It was joint tenants so passes automatically to her.

so she and her own money is now dealt with.

the issue is we have no idea what is going on with her husbands affairs, if there’s any money coming her way. We have reported the death to the bank and they are investigating but that’s all we know.

If the house was owned as joint tenants, it is now hers. The will is irrelevant. The will only matters if it was owned as tenants in common.

If the house was owned as joint tenants, there is a good chance that probate is not required for the father's estate.

If the son has financial POA, he can sell the house if it is in her best interests. If you think he is not acting in her best interests, you should report this to the Office of the Public Guardian.

What happened in the case I was involved in was -
pay a solicitor to chase executor
get correct distribution of UK estate
report executor (practising solicitor to SRA for bringing profession into disrepute )
get run around from SRA for many many months and told everything ok because executor eventually ,and at cost of hundreds ,relinquished the money she'd taken .Family not speaking to eachother .

Executors can basically do as they like .

@Uncreativename the most important thing is to make sure your aunt receives the proceeds of the house sale.

As pp have said get the POA revoked/stopped.

1. Contact Land Registry and get a copy of the register confirming joint tenants. https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds
2. Update the 3 permitted contacts on the register so one is an email her son cannot intercept. Yours if necessary. This is a free service https://www.gov.uk/government/publications/updating-registered-owners-contact-address
3. Register for property alerts. Again free and you can do this in your name. https://www.gov.uk/guidance/property-alert

2.and 3. Mean you/your aunt will be notified if the property is being readied for sale. You can then make sure the sale is done correctly with the funds coming to your aunt.

this seems to be our experience.

thanks again. Aunt is sorted, POA revoked, social services involved, OPG informed, all done.

issue is we are getting nowhere with uncles affairs. Is there anyway to force son to communicate? If probate wasn’t required this seems doubly difficult as he isn’t obliged to show anyone the will. At least probate means the will becomes a public document.

That’s my experience too.
There’s sod all you can do. I my case the executor didn’t distribute monies as per the will but kept the lot. He was my father.

If you believe the POA is being abused by her son or it was signed under duress, contact the Office of the Public Guardian, they take it very seriously