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contentious probate - effect on final distribution

including wills and probate
jazzfestival
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contentious probate - effect on final distribution

#100707

Postby jazzfestival » December 2nd, 2017, 8:54 am

Dispute currently around a piece of land outside UK .Other side /executor has a solicitor ,we do not .

Executor saught to deny existence of land and the remainder of the estate has been distributed .

Probate resealed in the relevant country but we are trying to get an independent valuationto indicate a sale price .took 12 months and many emails to obtain the local equivalent of a council tax document which gave a figure for taxation purposes .

Since remainder of estate distributed the estate is without funds to provide a valuation .

My concern is that should the land be sold the beneficiaries will see very little of sale price as the executor will deduct hefty solicitor's fees mainly incurred by answering/stonewalling/ignoring our (the beneficiaries) queries re valuation etc .

This would seem wrong to me but I'm preparing myself for it to be the case .Do learned people on here conform my fears ?

The executor's emailed ,before the pretence that the estate did not include land abroad was dropped ,saying that the beneficiaries and not the executor must make enquiries as assets outside UK were not in the executor's remit . Would this be relevant to my concerns ???

DrBunsenHoneydew
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Re: contentious probate - effect on final distribution

#100983

Postby DrBunsenHoneydew » December 3rd, 2017, 9:41 am

It depends on the country. Many don’t recognise English probate and owners are often advised to have a second Will in the relevant country. For example, in much of Europe the concept of the Executor is not recognised or understood; it is each individual beneficiary of a Will who has to establish his or her right to deal with the asset.

jazzfestival
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Re: contentious probate - effect on final distribution

#101034

Postby jazzfestival » December 3rd, 2017, 1:12 pm

Thanks ,I see your point . The country is an ex colony/overseas territory and there was no trouble with resealing probate and no dispute over the beneficiaries claim on the land .
The disputes have centred on other issues - protecting a minor's interest ,obtaining a valuation .

I just wondered what the general view was on the executor deducting a large amount for admin purposes if/once the land is sold .

jazzfestival
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Re: contentious probate - effect on final distribution

#101036

Postby jazzfestival » December 3rd, 2017, 1:14 pm

Should perhaps have added "and follows British law " .

melonfool
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Re: contentious probate - effect on final distribution

#102027

Postby melonfool » December 6th, 2017, 9:41 am

jazzfestival wrote:Should perhaps have added "and follows British law " .


You posted about this on TMF originally (and Mumsnet?)?

I think, if it's the case I recall, you need a solicitor - probably one in the UK and one over there as well, or your UK one to liaise.

Mel

jazzfestival
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Re: contentious probate - effect on final distribution

#102055

Postby jazzfestival » December 6th, 2017, 10:37 am

Yes ,it's the same case .

Our UK solicitor says she is not familar with law in that country and has said she can't advise .

For a short time we engaged a solicitor overseas but she seemed to be unconcerned about the issue of a minor being missed off the papers and not declared when probate resealed . And we would have preferred communication between "our" slcr and "the other side" to have been by approved email not informal phonecalls to which we were not party . We may have been paranoid but we weren't happy that our interests were being represented .
So now we have no representation - I have contacted several firms without success .

I imagine it seems like a tangled web ,particularly as we have previously had a slcr involved and they don't want to get involved . I really don't know .


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