Legal Question in Wills and Trusts in United Kingdom
An elderly spinster coerced her 84 year old brother into signing a new will naming her as executor. When he passed away in Sept 2008, the will was found to be hugely in her favour and excluded grandchildren she did not like. His testamentary capacity was an issue however, the family have not the resources to challenge the will so continue to watch her dispose of their entire life history in a ruthless way. For the last four months we have requested copies of receipts for work carried out on the property by the executor (�16,000) and her friends with no answer or paperwork. Also her own expenses of �10,000 (draft accounts) seem very excessive. There are no receipts for this work. She is clearly profiting behind the 12 beneficiaries backs, although instructing nominal interim payments to sweeten everyone up for Christmas. It is likely the other beneficiaries will swallow it as the executor is a formidable woman you would not want to cross. Can we apply to the court for an order to stop her? It appears the solicitor she is using is just going along with it, and as no-one else is asking for receipts, appears to be just ignoring us until all this is over. We are desperate, please help. Thank you.
1 Answer from Attorneys
The basic rule is that an executor of a will may not charge for carrying out their duties in administering the estate. On the face of it therefore this lady has no entitlement to deduct monies from the estate other than for any entitlement she may have as a beneficiary. It would further seem by reason of the two year delay that she has not carried out the administration promptly and efficiently as required by law. Accordingly it would certainly be possible to ask a court to intervene and ensure a proper administration and payment to the beneficeries entitled.
if you require further advice and assistance this can be obtained from our website.
Andrew Dutton
www.legal-zone.co.uk
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