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If one of the executors of a will has undiagnosed dementia, what can a beneficiary do?

7 replies

VickTourYouGo · 19/05/2009 13:33

I don't want to go into too much self-revealing detail, but the administration of my late mum's estate is being really drawn out and screwed up by one of the executors, who is behaving atrociously - not responding to requests from the other executor, viciously blaming the other executor when things go wrong, to mention a few. The other executor is fine, but is constantly stymied.

It's got to be some kind of mental health problem, either psychological or the onset of dementia.

I simply can't believe I have to sit here and put up with it. Any suggestions, please? Or sources of help?

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Lilymaid · 19/05/2009 20:38

You need to contact the probate registry and discuss this. Alternatively, you might need to consult a solicitor as to the best way forward. If all fails, an application has to be made to the High Court to remove the executor. As this can be costly, you don't want to embark on this without trying to sort it out amicably and getting good legal advice.

babybarrister · 19/05/2009 21:02

This reply has been deleted

Message withdrawn at poster's request.

inscotland · 19/05/2009 21:03

Firstly you need to be absolutely sure and have evidence that the executor is unable to complete his duties. How do you get him not answering requested from the other executor to him having to have some mental health problem? That's quite an accusation. I don't mean that horribly but could you imagine if it were you who just got caught up with day to day life but someone said you had a mental health problem?

I'd phone the law society in the morning and ask for a Solicitor specialising in Estate work and get in touch with them. You shoudl probably already have consulted a Solicitor anyway.

tiredemma · 19/05/2009 21:10

How do you know that they have 'undiagnosed dementia'?

VickTourYouGo · 20/05/2009 10:26

How does an application to the High Court work, Babybarrister? Do the costs come out of the estate?

I really can't go into too much detail here, inscotland and tiredemma - I would if I could. Believe me, I have grounds! I'm planning to get legal advice, but I'm trying to get my head round what can be done, before I start being charged by the minute. I'm feeling pretty isolated because it's too complicated to discuss with RL friends.

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ChampagneDahling · 20/05/2009 12:07

I feel for you. Sounds like you have plenty going on apart from having to grieve for your mother and worry about how her estate is being sorted out.

My advice would be the same as previous sensible posters - get some sound legal advice and try and move on.

Best of luck

VickTourYouGo · 21/05/2009 08:40

Thanks, Champagne. Brave .

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