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Probate problems

2 replies

Pickle2828 · 03/02/2024 19:28

Hi, I’m hoping that maybe someone can advise on a probate matter.
Sorry theres a lot of detail but not to drip feed…I am named as a secondary executor for a family member who passed away 19 months ago. The main executor has found the process very overwhelming. I and other family members have heavily supported with many executor jobs, meaning they have actually done very little. Probate was finally sent off for at the end of the summer (more than 12 months after the death). It took a long time to be approved but has now been granted.
The Executor did not check the details of the probate docs and we have now discovered a large error whereby an asset -which was shared and should have been valued at the % share they owned -has gone through at the full value. It means the value is wrong by hundreds of thousands of pounds and so the tax due will also be wrong.
Do we have a case to remove the executor from her role? Is it worthwhile doing so? The are due to receive a large sum for completing the role of executor which is why they have been unwilling to stand down from the role even when they seemed to reach breaking point.
Can a different person to the main executor whose name was on the IHT forms (eg myself as secondary executor or another family member) complete paperwork to have the figure changed?

Any advice or experience which you can share would be appreciated! I’m tearing my hair out with stress as so much time has passed and I know things are meant to be sorted by 2 years. TIA

OP posts:
Propertylover · 04/02/2024 18:25

@Pickle2828 my advice is draft the letter to probate office and HMRC. Set out the error and get the executor to send it with any evidence. You have effectively done this anyway.

Trying to get them removed as executor is going to cost ££, and take a long time.

Be pragmatic and carry on helping the executor to finalise the estate. Yes the payment for being an executor is probably unfair but honestly in the grand scheme of things just get it done.

Pickle2828 · 05/02/2024 18:56

Thank you @Propertylover for your level headed advice.
I hadn’t thought of writing to the probate office. I will give that a go to ‘cover all bases’, so we don’t end up in trouble.
I think you’re right to remain pragmatic, that it’s best not to get too worked up even though it’s unfair.

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