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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32824
Experience:  Award winning lawyer with over 15 years experience
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My father passed away and left his 2 properties to his

Customer Question

My father passed away and left his 2 properties to his children and other assets to his partner. The partner is stating no assets were left to her, but we know a significant amount of money was left to her in an account. How can we ensure all assets and funds are declared under probate. The partner is the executor.
Submitted: 5 months ago.
Category: UK Law
Expert:  Thomas Judge replied 5 months ago.
Let me see if I can help and please rate positive. The executor can not just pretend that certain assets do not exist as she has a specific duty and also an obligation to potentially pay IHT but certainly complete a tax return.Failure to carry out the legal duties and procedures can result in an executor being personally liable to the estate – for instance:Failing to safeguard assets, for example neglecting to take necessary action to preserve the value of a property.Misappropriation of assets: where for example an executor uses an asset of the estate for his own use rather than for the benefit of the estate.Failing to submit tax returns correctly within the statutory timescales or with the correct information and supporting paperwork.Paying the wrong people, or paying the right people but the wrong amount.Paying money to bankrupts rather than their trustee in bankruptcy
Customer: replied 5 months ago.
I understand that, but if they are stating no funds exist, what can I do to stop this slipping through probate. What do I actually have to do to get the estate assessed correctly.
Expert:  Thomas Judge replied 5 months ago.
what do you think she is hiding or going to hide?
Customer: replied 5 months ago.
Money, inheritance money which has been stored in a separate bank account, insurance policies, cash held at home.
Expert:  Thomas Judge replied 5 months ago.
I see. If there is a real concern that she has acted outside the scope of the duty as a trustee and indeed stolen money then the police will investigate - as after all this would be theft.
Expert:  Thomas Judge replied 5 months ago.
They would of course seek some evidence.
Customer: replied 5 months ago.
So as part of the probate process, we need to call the police?
Expert:  Thomas Judge replied 5 months ago.
if you think that she is stealing money then yes. Otherwise the expectation in law is that she will carry out her duties as an executor. As beneficiary or next of kin you may question the executor’s actions. If you do not have evidence and/or do not want to call the police at this stage then I would write to the executor and ask her to render an account of the administration of the estate. If you are still not satisfied by the executors’ explanation, then you could apply to court to remove and substitute the executor. An attempt by the beneficiaries to remove the executor is not an easy application. You again must prove serious misbehaviour before the court will even consider forcing an executor to step down. In general, the courts will only remove an executor if the beneficiaries can show the following:the executor has become disqualified since the deceased appointed himthe executor is incapable of performing his dutiesthe executor is unsuitable for the position.I would be happy to discuss. Please rate positive.
Expert:  Thomas Judge replied 5 months ago.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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