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What happens when an executor doesn't fulfill their duties?

21 replies

Twims · 16/10/2008 14:46

2 executors - 1 local and 1 now emigrated.

Death was 3 years ago.

Executors continue to dodge any questions pertaining the will.

Executors ordered to send papers (by judge) don't and become in contempt of court.

Will finally taken to court and local executor goes on holiday and still doesn't forward papers as ordered.

2nd Judge agrees a settlement.

Estate is given in whole to A - including all debts and monies - executor to pass on any monies and all information regarding case.

Executors still don't pass on info (1 month after settlement) and their solicitor also won't pass on the information needed so that A can settle debts (as unsure amounts)

WWYD ?

OP posts:
mamadiva · 16/10/2008 14:49

Oh I soo got the wrong idea about this thread

Sorry I dont know anything about wills etc

FioFio · 16/10/2008 14:50

This reply has been deleted

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FioFio · 16/10/2008 14:50

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mamadiva · 16/10/2008 14:54

OSML at FioFio!!!

Oh the randomness

Twims · 16/10/2008 15:11

ROFL Fio - Shall put that too them

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cat64 · 16/10/2008 15:15

This reply has been deleted

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Twims · 16/10/2008 22:58

bump

OP posts:
Twims · 17/10/2008 10:05

Anyone?

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cupchar · 17/10/2008 10:21

Please get legal advice on this - are you named in the will? If it's the estate you want to know about a will is a public doc.

cutekids · 17/10/2008 10:23

just a minute,there is someone on here whose hubbie deals with these things...i think...!He helped me with my Dad's stuff earlier this year.Let me go and figure out his name and i'll get back to you

cutekids · 17/10/2008 10:27

i think the person i'm referring to is HULABABY..she actually contacted me in the end and put her husband onto it.hope they can help you too

cupchar · 17/10/2008 10:36

Do you mean that A is the new executor?
The estate can only be distributed once all debts, bills whatever have been paid.

Twims · 17/10/2008 11:13

The estate was split into 3 - 1/3 to wife, 1/3 to OW 1/3 to child. and it has finally been put in A's name with a settlement where she pays all debts and pays off 1 of the other claimants - 3rd claimant is under 18 and A's child so settlement includes her.

A now needs to settle the dets including a tax bill which has 3 years added interest on it yet executor wont pass on any of the paper work or any monies that were paid into the estate after the death.

Local executor won't pass on any info ie how much all the bills A now needs to pay and the accountant keeps saying ask the executor etc - executors solicitor continues to ignore letters etc asking for information etc.

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cupchar · 17/10/2008 11:18

many issues twims - call cab or a local solicitor as it doesn't sound right. A notice in London gazette asking for all debts, money owed would be ueful as there's a deadline for responses and they can't say they didn't know you were asking for info.

cremolafoam · 17/10/2008 11:23

This is exactly what happened to my Brother's will.
The executors were a couple of wasters.Executor 1 moved house to S. Africa and left eevrything in a complete mess.
Executor 2justturned out to be hopeless and did not do anything
Years passed. The stress on my parents was dreadful.
The papers were all in a foreign language as db died abroad.Evrything had to be translated.

Anyhoo.About 5 yeras after nothing had happenned my BIL organised for the executors to be deposed and the will to be administered by 2 trustees( db's FIL and BIL)
this was a long process but worth it in the end.

So sorry to hear you are having to deal with this.I really understand how stressful it is.

Twims · 17/10/2008 11:26

Can you do that Crem - get the executors to be deposed?

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Twims · 17/10/2008 11:30

Its just annoying that the executors won't pass on any information despite being ordered by solicitors and judges.

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cremolafoam · 17/10/2008 11:34

yes you can, but it's complicated and I'm afraid I don't know the ins and outs of it.
some info here

cupchar · 17/10/2008 11:37

Process in the uk - "Administration pendente lite, where there is a dispute as to the person entitled to probate or a general grant of letters the court appoints an administrator till the question has been decided." en.wikipedia.org/wiki/Administration_of_an_estate_on_death

Twims · 17/10/2008 12:55

Crem - thanks for the link - that sounds like our executor lol

Cupchar - thanks for the link

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cupchar · 18/10/2008 20:49

bumping for you twims - good luck

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