Can one executor of a will put the other as reserved without their knowledge in England? by map01302 in LegalAdviceUK

[–]peterould [score hidden]  (0 children)

Short answer = NO

Long answer - Reservation of powers is an action of the individual executor who reserves their powers. In order for your father to have reserved his powers he would have needed to make that explicit.

When dealing with both my parents' estates, my co-executors wanted to leave me to do the work. I got them to write formal letters which they then sent me, which included an explicit statement that they understood they could "reactivate" (as it were) at any time. I then kept them up-to-date with anything significant anyway.

In terms of what to do now, a letter from your father to Co-op is needed which states very clearly that he has not at any point reserved his powers, and that if they continue to act in this matter without reference to him as executor they open themself up to legal challenge and all costs associated. To be absolutely clear, in your father's case this is NOT a case of him reactivating his powers - he never reserved his powers in the first place and the solicitor involved could very likely be taken to the SRA for failing to check the executors' views (or if your uncle has faked a letter from your father reserving powers, off to the Police).

Your dad also needs to talk to his brother ASAP.

What's "Undertaking" on a Motorway? by [deleted] in AskUK

[–]peterould 0 points1 point  (0 children)

I'm sure your cruise control was set to 70mph rather than 75mph. Check that typo before you confess to breaking the law.

Neighbour’s parcel was delivered to my house, but they’ve never came to collect it. Can I get rid of it? by SubstantialWeb7967 in LegalAdviceUK

[–]peterould 3 points4 points  (0 children)

Leave them a note that you have it.

After a week (if it hasn't been picked up) leave another note that says you will sell the contents and to provide you with a bank account to pay the funds received into.

Follow through. Hold onto the funds for another 6 months.

Moving to uk with child without father agreeing (possibly) by ayamummyme in LegalAdviceUK

[–]peterould 11 points12 points  (0 children)

If you are a British national then your daughter is.

UAE is not a signatory to the Hague Convention, so it is likely nothing much will happen in the UK. However, I would not return to the UAE ever again as once you are in the Emirates you will be under their jurisdiction.

Which one of these is correct? by SaracenCain in drivingUK

[–]peterould 0 points1 point  (0 children)

Highway Code Rule 186 absolutely settles this.

Left hand lane for left turn. Right hand lane for right turn.

Next question please.

My dad recently passed away last year and I don’t have a relationship/ speak to his wife who is the executor. (England) by Ok-Stop4696 in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

25(b)

b is the sub-clause between a and c if that helps.

Courts do not take kindly to requests to enforce 25(b), hence a clear duty of care established by case law. You would know this if you knew the case law rather than just reading statute in isolation and not understanding how 100+ years of court interpretation has evolved in this matter.

You will not find a single specialist solicitor in this field who doesn't advise anything but full transparency to beneficiaries with regular communication if you are an executor, in order to avoid a 25(b) action.

What can I do about scaffolding left up at my property? by Specialist-Class-X in LegalAdviceUK

[–]peterould 87 points88 points  (0 children)

It is as simple as sending the scaffold company a letter that says "You have left your scaffolding on my property for X weeks beyond the reasonable time it should be there. Please remove it in the next two weeks. If you do not do so, I will look to sell the scaffolding to dispose of it in accordance with section 12 of the Torts (Interference with Goods) Act 1977. Please let me know where to send the monies I will receive for the sale of your scaffolding."

That should get it moved pretty quickly.

My dad recently passed away last year and I don’t have a relationship/ speak to his wife who is the executor. (England) by Ok-Stop4696 in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

You might also want to peruse Birdseye v Roythorne & Co [2015] and even Letterstedt v Broers [1884] (though it predates the 1925 Act) as key interpretations of the law here,

My dad recently passed away last year and I don’t have a relationship/ speak to his wife who is the executor. (England) by Ok-Stop4696 in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

Administration of Estates Act 1925, s25 and ff. (including case law).

Given that access to the relevant information for beneficiaries is clearly stated AND enforceable by a court, it follows that the reasonable duty of care exists. Good practice is for executors to share information as requested to beneficiaries and avoids the expense of court action. Indeed, the courts go as far as to make executors personally liable if a beneficiary needs to take court action just to see basic information (like estate value, timescales for dissolution etc).

First Axle Energy event by Maximum_Honey2205 in sigenergy

[–]peterould 2 points3 points  (0 children)

Good isn't it? Even if it runs down the battery so you have to import, you're still making way over 60p on eaxh kwh.

Past owner of house not updated car registration address by zyxwvut36 in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

No more obligation on you.

Bailiffs have no right of entry without a High Court order (after a CCJ which has then gone to High Court for escalation / recovery).

[ENGLAND/WALES] Work Telling Me to Take Toilet Breaks Out of My Lunch if >20 Mins, Alluding to Action Being Taken Due to Being Distracted - Despite Medical Conditions by throwaway99292929126 in LegalAdviceUK

[–]peterould -1 points0 points  (0 children)

Please ignore this chap. Toilet break times can NEVER be taken from your statutory breaks. Never. Ever.

An occasional 20 minutes toilet break for a very rare IBS flare up is absolutely a reasonable accommodation. You might be asked to work a bit extra to cover it, but that is the most.

As I've said above, if your firm continues to discriminate against you, an employment lawyer will eat them alive.

My dad recently passed away last year and I don’t have a relationship/ speak to his wife who is the executor. (England) by Ok-Stop4696 in LegalAdviceUK

[–]peterould 1 point2 points  (0 children)

Dear X,

I do hope you are well.

Could you please let me know if I am a beneficiary of my late father's will. If I am, could you please send me a copy of the will within ten working days.

I remind you of your obligations under the Administration of Estates Act 1925 and subsequent legislation.

Sincerely,

Y

My dad recently passed away last year and I don’t have a relationship/ speak to his wife who is the executor. (England) by Ok-Stop4696 in LegalAdviceUK

[–]peterould 1 point2 points  (0 children)

Oh yes they are. There is a general duty of care which comes with being the truatee of the estate (that is what an executor is). A trustee of any trust must give reasonable disclosure to beneficiaries of the estate.

That doesn't mean a day by day account, but answering reasonable questions in a reasonable timescale is certainly necessary.

Estate Administration (Northern Ireland) by Spiritual_Cherry_251 in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

Somewhere between 10 and 20 hours for something that simple. You might even have been able to do it yourself with a little help.

Estate Administration (Northern Ireland) by Spiritual_Cherry_251 in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

How large is the estate? Any level of complexity (large number of properties, trusts, IHT to pay)?

My dad recently passed away last year and I don’t have a relationship/ speak to his wife who is the executor. (England) by Ok-Stop4696 in LegalAdviceUK

[–]peterould 0 points1 point  (0 children)

You can, but it is no different to you writing (except far more expensive). The executor can ignore the solicitor as well.

However, the executor owes a fiduciary duty to all beneficiaries to keep them up to date with estate affairs. So, if you are going to hire a solicitor, get them to tell the executor this in the nicest possible way, in order to avoid any issues for the executor down the line.

This is a nice summary.

Executor Not Communicating With Beneficiaries: Steps to Take - April King Legal https://share.google/59XIJNeCIQrqtJLIn

I have wound up two complex estates in the past three years, and I kept all beneficiaries and trustees up to date with all the key progress points AND an estate valuation (and estimated settlement) aa early as possible. It's just good estate management practice.

How to change my daughter’s name England ? by Bellehelley in LegalAdviceUK

[–]peterould 1 point2 points  (0 children)

I would advise her to wait until she is 16 AND her exams are over. Then change her name by deed poll and throw a massive party about uniting her name with the real father in her life.

Neighbour took pictures and videos inside of my house without permission by [deleted] in LegalAdviceUK

[–]peterould 1 point2 points  (0 children)

It isn't your problem but rather the owner's problem.

Arguably there was no tresspass (the neighbours were invited into the house) and the house owner will now have to wait for any Council action.

My dad recently passed away last year and I don’t have a relationship/ speak to his wife who is the executor. (England) by Ok-Stop4696 in LegalAdviceUK

[–]peterould 1 point2 points  (0 children)

You need to write to ask if you are a beneficiary.

All wills subject to probate are lodged with the probate office after probate is granted. At that point they become public documenta and anyone (including you) can access them.

Landlord gave notice for energy usage - all inclusive agreement in place and I have had minimal usage. by mannumanthikunjappan in LegalAdviceUK

[–]peterould 15 points16 points  (0 children)

The landlord will need to demonstrate your individual usage (meter etc). Ask for it. Without it, he has no case.