Probate.

[pussnboots]

At the beginning of July a family member died intestate. My sister in law applied to the probate office and was granted letters of administration about 3 weeks ago, she is the only person with knowledge of the value of the estate, she has not given any details to the other beneficiaries (sp) about any bank accounts etc. she has just said you will get X amount. Should she show a breakdown of what her expenses are or do we all just take her word for it.

[woofgang]

Yes, an executor is obliged to keep a record of expenses and show that to the beneficiaries, also a record of what the estate consists of and any sales or disposals. If there is no will then there are rules about who gets what as well. Look on the courts website for will info

[ubasses]

http://www.cornerston...s/Intestacy-Rules.pdf

The above site will take you to a flow chart showing who inherits in cases of intestacy

[pussnboots]

woofgang, we already know who gets what, there are only 4 people involved, my question is that my SIL has not shown any accounts to us all and just said you will get so much, no one knows what was in any accounts she has not shown any statements etc. The reason I'm questioning this is that she says she has deducted her expenses but no one knows what they were.

[Barmaid]

To expand on previous answers, the PR (administrator) IS required to keep an account. They are required to produce to the court or the probate registry if requested to do so. Thus if she refuses, you can summons her to the Probate Registry to produce an account.

Authority is s25 Administration of Estates Act 1925.

If she refuses to produce and you want to take further post again since I can provide a common form letter that should have desired results.

[pussnboots]

Thanks all, I am very reluctant to say, but we are smelling a rat, the details are far too secretive, also she has paid her husband for time he's spent on running around. I shall keep you informed, we are having a family meeting this coming weekend, when hopefully all documents will be produced. ( when SIL and her OH get back from a cruise around the Greek Islands) I kid you not.

[AlBags]

Sounds like you already made your mind up.

[Barmaid]

Just remember that an administrator cannot charge for "time". They can only charge for out of pocket expenses.

The general principle is that unless there is a professional charging clause (there isn't in this case since it is an intestacy), the administrators cannot make a "profit". Time is generally classed as profit. This position is further explained by ss28 and 29 of the Trustee Act 2000.

[pussnboots]

You could say I have already made my mind up but I do not want to cause any family 'fall out' without absolute proof. We are stuck between a rock and a hard place, all I wanted to know is whether my SIL should legally have to produce accounts. I realise it's complicated but I am asking on here for some basic advice as I know absolutely nothing about the legal position. Sorry if I'm talking a load of rubbish to you legal eagles, but thanks to your replies I feel a lot clearer about it all.

[factor-fiction]

Yes, executors can charge for expenses but, apart from obvious major items like the probate fee, flowers and maybe the cost of getting certified copies of documents, I think it just doesn't seem right to start charging for every penny- petrol costs, phone calls, paper, stamps. I have been an executor 3 times and I have never bothered with expenses.
To save family disputes in your case, pussnboots, i would ask for the breakdown but would probbaly only make an issue if the expenses include a charge for time and/or seem unreasonable and come to hundreds of pounds.

[dzug2]

Given that Letters of Administration were granted only 3 weeks ago, it really is a bit early to be asking about accounts and other details - it's going to take a while to gather in the assets and distribute them.

Yes they do have to be produced - but not yet.

[factor-fiction]

I agree with dzug2

[themas]

I'm not so sure about it being too early. If the administrator has already said a specific amount will be paid then she has already determined how much money there is & (apparently) decided how much she is going to deduct for expenses and (wrongly) for time. If she has already got to that stage then it doesn't seem unreasonable for her to be able to produce the detailed account - & also to say when the payments will be made.

[Barmaid]

and I agree with Themas! If the estate has been administered (and some estates are relatively easy to encash, particularly if no real property or shares are involved) and the PR is in a position to say how much is going to each party, then there is no reason why accounts should not be provided.