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Original poster

Maladministration of an estate

31 replies

PerfectYear321 · 28/10/2023 19:44

Does anyone have any experience of an executor or administrator being shady/ refusing to communicate with beneficiaries? Especially if you had to go through court to get them to comply.

Or experience with removing an executor/administrator

Do these people ever get prosecuted?

OP posts:
LadyGaGasPokerFace · 28/10/2023 20:09

Depends on the timeline I suppose. From death to probate etc.

PuppyMcPupFace · 28/10/2023 20:34

Removing an executor is expensive and slow.

Has probate been granted ?

minisoksmakehardwork · 28/10/2023 20:45

No. But following with interest as the executor on a will I'm beneficiary of now has probate granted and is still dragging their heels. 2 years after death!

Original poster
PerfectYear321 · 28/10/2023 21:07

LadyGaGasPokerFace · 28/10/2023 20:09

Depends on the timeline I suppose. From death to probate etc.

Death 2021. Probate six months later
Two years later beneficiaries enquired about the estate but administrator blocked them on every platform (phone, email, social media, refused to sign for recorded delivery mail). Tumbleweed since

OP posts:
Original poster
PerfectYear321 · 28/10/2023 21:08

PuppyMcPupFace · 28/10/2023 20:34

Removing an executor is expensive and slow.

Has probate been granted ?

Please see reply to PP
Hoping to pursue without solicitors 😬

OP posts:
Original poster
PerfectYear321 · 28/10/2023 21:08

minisoksmakehardwork · 28/10/2023 20:45

No. But following with interest as the executor on a will I'm beneficiary of now has probate granted and is still dragging their heels. 2 years after death!

PM me if you want. I've escalated this without solicitors

OP posts:
Original poster
PerfectYear321 · 28/10/2023 21:10

PsychoHotSauce · 28/10/2023 20:53

https://todayswillsandprobate.co.uk/237k-inheritance-dispute-with-siblings-sees-uncle-end-up-behind-bars/

I remember this case. Note, he got prison for contempt of court, not directly because of mishandling the estate.

I can't tell from the article what he was imprisoned for. Do you know?

OP posts:
LadyGaGasPokerFace · 28/10/2023 21:23

It’s a shame you can’t send debt collectors round to collect monies in these cases. I’m assuming England.

Original poster
PerfectYear321 · 28/10/2023 21:29

LadyGaGasPokerFace · 28/10/2023 21:23

It’s a shame you can’t send debt collectors round to collect monies in these cases. I’m assuming England.

That wouldn't be impossible even if it was allowed because we don't know what is owed. We have no idea of the true value of the estate.

We know what the administrator declared on the probate form but it looks far smaller than what it should be. There's a property as well, which we know hasn't been sold because we've checked Rightmove etc and Land registry.

It's so strange that they're just allowed to ignore all contact and block us from contact and we are powerless because the probate office can't help at all when you phone or email them.

OP posts:
Original poster
PerfectYear321 · 28/10/2023 21:29

LadyGaGasPokerFace · 28/10/2023 21:23

It’s a shame you can’t send debt collectors round to collect monies in these cases. I’m assuming England.

Yes, England

OP posts:
Original poster
PerfectYear321 · 28/10/2023 21:48

LadyGaGasPokerFace · 28/10/2023 21:39

You can look all probate here https://probatesearch.service.gov.uk/

We're already past that stage. Probate was granted six months after the death. Intestate death. Letter of administration granted.

Administrator was in a family WhatsApp group and very active. When asked what was happening to the estate two years after LoA was granted they left the group instead of answering and blocked everybody on every platform available to contact them on. Including refusing to sign for a recorded delivery letter.

Others have said they've been on lots of holidays this year, which is definitely not like them.

OP posts:
parietal · 28/10/2023 21:54

Immediately after probate is granted, the estate should be able to pay out to the beneficiaries. Do you have a copy of the will? I might even go to the police for fraud/ theft.

Original poster
PerfectYear321 · 28/10/2023 22:04

parietal · 28/10/2023 21:54

Immediately after probate is granted, the estate should be able to pay out to the beneficiaries. Do you have a copy of the will? I might even go to the police for fraud/ theft.

It was intestate so very straightforward

Can I go to the police? Would they even be interested?

OP posts:
LadyGaGasPokerFace · 28/10/2023 22:05

Sorry, but I’d be camping out outside their house to get an answer. I’d be like a dog with a bone. If the estate was intestate then why was this person allowed to be the executor? Who are they to the deceased?
As for the property, you can put an alert on it for searches through land registry. https://www.gov.uk/protect-land-property-from-fraud#:~:text=You%20can%20sign%20up%20to,that%20you%20can%20take%20action.

Protect your land and property from fraud

How to protect your home, land or other property from fraud

https://www.gov.uk/protect-land-property-from-fraud#:~:text=You%20can%20sign%20up%20to,that%20you%20can%20take%20action.

Original poster
PerfectYear321 · 28/10/2023 22:07

LadyGaGasPokerFace · 28/10/2023 22:05

Sorry, but I’d be camping out outside their house to get an answer. I’d be like a dog with a bone. If the estate was intestate then why was this person allowed to be the executor? Who are they to the deceased?
As for the property, you can put an alert on it for searches through land registry. https://www.gov.uk/protect-land-property-from-fraud#:~:text=You%20can%20sign%20up%20to,that%20you%20can%20take%20action.

Thank you for this

What would camping out do, though? They would just not answer the door/ refuse to engage.

I'm shocked that we're so powerless and in limbo

OP posts:
FusionChefGeoff · 28/10/2023 22:16

Surely police as wills etc are legal documents so they must have committed some kind of offence by not doing their duties as executor properly?!

PuppyMcPupFace · 28/10/2023 22:23

I've just come to the end of police /CPS involvement in a similar case. They couldn't have been less interested. Feel free to PM me, I can't put more details on here.

GruffalosGirl · 28/10/2023 22:24

If you are a beneficiary of an estate you can apply to the probate court for a summons of inventory and accounts of the estate once it has been long enough after the grant issued for the administrator to deal with it. The person who took the grant will have to provide accounts. And you can sometimes apply to have an administrator removed from the probate grant and replaced, through the Chancery Court. But you could be held liable for the other side's costs which could be very expensive, so need to seek legal advice first to see if it is appropriate in your case.

Original poster
PerfectYear321 · 28/10/2023 22:25

FusionChefGeoff · 28/10/2023 22:16

Surely police as wills etc are legal documents so they must have committed some kind of offence by not doing their duties as executor properly?!

Hopefully

But to get to that stage we need to prove they've taken the money etc. Know way of knowing that for sure because they've simply blocked us.

OP posts:
Original poster
PerfectYear321 · 28/10/2023 22:26

PuppyMcPupFace · 28/10/2023 22:23

I've just come to the end of police /CPS involvement in a similar case. They couldn't have been less interested. Feel free to PM me, I can't put more details on here.

I will do. Thank you!

OP posts:
PuppyMcPupFace · 28/10/2023 22:26

If the estate has been deliberately undervalued, HMRC might be interested

Original poster
PerfectYear321 · 28/10/2023 22:26

GruffalosGirl · 28/10/2023 22:24

If you are a beneficiary of an estate you can apply to the probate court for a summons of inventory and accounts of the estate once it has been long enough after the grant issued for the administrator to deal with it. The person who took the grant will have to provide accounts. And you can sometimes apply to have an administrator removed from the probate grant and replaced, through the Chancery Court. But you could be held liable for the other side's costs which could be very expensive, so need to seek legal advice first to see if it is appropriate in your case.

Thank you

OP posts:
FusionChefGeoff · 28/10/2023 23:09

Well, you are due money and you haven't received it. So I'd say that's proof they've taken it?!