Problems with a will

[BobnBrenda]

I’m wondering what my rights are. My aunt had two sons, and so I was kind of like a daughter to her and we were very close. She was very wealthy and left me some shares and a property and also made me an executor of her will. Her two sons are co-executors - and are set to benefit massively from the will. She was worth many millions. My share is relatively very small. At the reading of the will, to which I wasn’t invited, unbeknownst to me
the sons told the probate lawyer that I wouldn’t be exercising my rights as an executor and that I had agreed that the two sons would be doing it. The probate lawyer took them at their word and cracked on with probate. There were some tax implications of the inheritance for me, so I’d been emailing the lawyer asking what was happening, valuations of the property, likely timelines etc and wasn’t hearing anything back, which was odd. I tried to get tax advice independently but couldn’t because each person told me that they’d need all documentation and the info on all her estate. I kept on at the probate lawyer and eventually after much cajoling the lawyer told me that as I wasn’t exercising my rights as an executor, he didn’t have to respond to me and then said something along the lines of if I continued to try to assert my right as an executor that there might be tax consequences for me, and that basically I was putting myself at financial risk. I consulted a lawyer as to my rights and he said as you’re not their client they don’t have any obligations to you. The problem for me is that I suspect the sons of syphoning off some money that was due to be mine, offering a hazy explanation of debt repayments and also they forgot to mention that my tax bill was due and there’s a fair whack of interest on it. As an executor, I asked to see the company accounts to try to work out where this money had gone and got told to * off in no uncertain terms. I also told the lawyer that he should have told me about my tax bill and again got told to ** off in no uncertain terms. Basically has anyone got a clue what my rights are? Will I ever find out what happened to this money or do I just need to chalk it up to experience. I’ve been told I can’t complain to SRA cos you can only complain about your own solicitor to them, not someone else’s. So doors have all closed in my face.

it was a senior partner who wrote back to me and said 'you're not a client, so you can't complain.' I'm really tied up in knots. I've written loads of times to say I'm an executor etc etc and they just say you can't demand to be our client so eff off, in not so many words.

True. Her OP talks about the solicitor cracking on with probate, which I assumed meant that probate had been obtained. I now see that my assumption was wrong.

And, looking at the latest, I agree that this solicitor's actions in saying his clients would stop her from getting involved and that all she could do is meddle and cause problems are staggering. Add to that the apparent statement that there would be tax consequences for OP and she would be putting herself at financial risk if she tried to assert her rights as an executor and the whole thing feels very dodgy.

That's terrible. Follow the link Lollipop posted to complain about the law firm and report the executors to the Probate Office.

At my firm our policy is to investigate and respond to all complaints. Others seemingly limit themselves to "clients". I wonder if you told them you were reporting potential executor fraud to the Probate Office, they might suddenly become more helpful as they could be seen as colluding in a fraud.

Have they put this in writing, because I cannot see any reputable solicitor saying this.
Are you absolutely sure you’re an equal executor or does the will state something to the effect that you’re the executor if the sons are not able to be so?

Yes I’m 100 per cent an equal executor, have had that checked, and yes they told me in writing their clients would vigorously resist my asserting my rights as an executor

You can do power reserved without a PA15/16.

If successful any claim you make would be paid for out of the estate.

If a grant has not yet been issued you could enter a caveat at the probate registry. https://www.gov.uk/stop-probate-application

Sounds like such an aggressive stance by the solicitor - I wonder what story he has been told by his clients.

( After my mother died , I contacted my mother’s old neighbour who was also listed as an executor, to ask her to complete the revocation form ( had one ready ) only to discover she had no knowledge of being listed on the will. The neighbour had no cognitive or memory issues, nor did her husband - the whole thing was a bit of a mystery, not helped by the solicitor concerned having gone out of business, )

Makes me wonder if the Solicitor is friends with the brothers?
Either way they have behaved shockingly. wonder if they thought you'd just accept things... you really need to complain to everyone who PPs have mentioned.. I really hope you get this sorted

Thank you! Yes these messages have been encouraging. The lawyer is indeed friends with the bros. Which I see now is deeply suspicious! I’m going to crack on with getting some complaints out there and contentious probate advice! Thanks so much. Feeling better!!

Apparently you don't have to agree to be named as executor so some people do find out only after the death. I've been told a couple of times in passing that I've been made executor of someone's will (who is still alive). I thought it was really rude not to have asked. I think i get named as I'm a solicitor (though the wrong sort) and people think it's just a matter of signing a couple of legal forms whereas it's actually more onerous and involved than that, and burdendsome especially if you aren't also a beneficiary! I said to both people if the time came i would do it if it was workable but if not I would need to renounce. They were a bit shocked and seemed to think i was just being difficult.

If you haven't signed a Revocation, you are still legally an executor, and cannot be exluded from the probate of the will. In the first place you need to write a formal letter to the solicitor pointing out that you never revoked your excecutorship and will be reporting them and the other relatives to the police for fraud. That should start the ball rolling.
You can complain to the SRA about solicitors even if you're not a client, and I woudl start that process as soon as possible.
Also - contact HMRC and ask for advice re: potential fraud relating to inheritance tax. They will want to be involved as well.
Stop talking to people on the phone, if you've been doing that, you need absolutely everything in email or letter.
Document everything.

I'd ask them for a copy of your revocation, by email, cc sra.

My sibling and I had to sign a legal document to allow our brother to act as executor on behalf of all of us (which we did to make things easier and because there was complete trust and transparency between us all)

Very shocking that the solicitor just accepted their say so.

Are you in the UK? England?

What is this ‘will reading’? I think that went out with Agatha Christie.

I think you can file a subject access request against a solicitor so do that and specifically request the revocation.