help please my sad saga.

diverman

LE
Book Reviewer
Invite them round to give them a cheque for monies owed.
During afternoon tea, poison them with weedkiller.
After all you are weeding them out of the will, your defence is insanity/not breast fed etc.
Probably get Broadmoor for a few years, nice lady nurses their.

I only got 18 months at Broadmoor but my asbo says can't talk about it.
Not allowed to make tea now & I make a killer brew.
And you just need a wood chipper from the local hire store and a friend who keeps pigs and wants some extra food for them.
 

Troy

LE
So all in all we each come out smiling. I shall not be paying the £1k tax let the executor and the brief fight it out .
you could always just put the £1,000 aside for a while just in case you are somehow compelled to pay the tax. Perhaps in premium bonds. Then at least you'll have it to spend later.
 
After interrogating my mum's will my sister ,who knew nothing about it , was the sole executor and signed the will seemed to be at the heart of me getting zero.

If she has signed the will as a witness she cannot be a beneficiary. The will remains valid, but any benefit to her in it is distributed to the other beneficiaries.
 

Chinggis

War Hero
You say the trustees, but did you actually mean the executors? It might seem like nit-picking but it does make a difference to what their liabilities are.

From what you've described it sounds like they are executors. An executor's first duty is to pay any debts or other liabilities on the estate, then distribute any remaining assets as far as possible in accordance with the bequests in the will. Therefore the first thing that they should have done is pay any tax that was due on the estate. If they paid an incorrect amount then they are jointly and severally liable for paying the difference.

Beneficiaries of the will have no liability to pay any part of the debts in the estate (unless they are also an executor, in which case the liability arises from their role as executor not from being a beneficiary).

The executors may have a claim against the solicitor who allegedly miscalculated the tax on the estate but you don't need to get involved in that. Not your circus, not your monkeys. The executors have have no claim against you. As a beneficiary have no liability at all to pay any part of the tax on the estate.
 
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RTU'd

LE
And you just need a wood chipper from the local hire store and a friend who keeps pigs and wants some extra food for them.
Yes, or the way a bloke in Norway did it.
Put wife in freezer, put her through wood chipper just before pond froze over for winter.
Fish had a nice meal, by time next spring came round no dna left, chipper doused in fuel to get clean.

By the way were you the curry killer on C ward?
 

diverman

LE
Book Reviewer
Yes, or the way a bloke in Norway did it.
Put wife in freezer, put her through wood chipper just before pond froze over for winter.
Fish had a nice meal, by time next spring came round no dna left, chipper doused in fuel to get clean.

By the way were you the curry killer on C ward?
Nah just have a twisted mind but not within the meaning of the Act.
 
Hi Troops I will ask for help at the end of getting this off my chest .

My mum and dad always blamed ME for the fact that they had to get married and treated me differently to my siblings, this lead me to have low esteem and other mental issues ( ie manic depression more depressed than manic) .

Any way I left home at 16 and made my way in life via the Corps of Royal Engineers. My 13 brother signed all the forms to get me enlisted (1970) . Once I was demobbed I cam back to London for a little while before moving to Peterborough for ten years . During this time I didint see my family a lot , their choice .

Move on 30 odd years and both parents died and I moved back to London , when my mum went she left a will I was not a beneficiary both the siblings were to split the estate 50/ 50 not one penny came to me , which is what I expected frankly .

Last year my mums brothers wife died of Covid , and last week I received a cheque as a beneficiary, for some reason it was less than a third of the amount which my siblings received. Why my Aunt cut me down I dont know , unless my mother and my sister had a hand in it .

Now for the question, i feel hard done by but not enough to chuck myself under a buss or anything.
Saturday I got a notice from the trusties , my cousins, telling me that the Solicitors underpaid the taxes on the will and I need to send them a grand from my small bequest .

Do I have to legaly ??
Any tax due is the legal responsibility of the Executors.

Sounds like they've duffed it.
 
I would write to the tax office and ask them. They must have seen this before, and it is cheaper than going to a lawyer who might be the other lawyer's friend. I would only mention the tax issue, though.
You are not alone in being the victim of family shenanigans. Hope you can sort it out soon.
They won't tell him
 
My father died end of August.
I informed his executors - the bank - plus the insurance company in early September, as they needed 'proof' ie Death Certificate.
Here's what happens...
9 Sept, 08:34
Good day
We refer to your request dated 08 Sept. 2021.
We are sorry to learn of your loss. Please accept our condolences.


then...
23 September 2021
Dear Mr Rid
Plan/Policy number : xxxxx
Estate late : Mr Rid (senior)
Claim number : 361826
We are sorry to learn of your loss. Please accept our condolences.

The following is an illustration of the regular instalment amounts per policy:
Gross amount payable

(Monthly) RXXXXx
However, these instalments are only payable until Mr Rid (Senior)'s death. Therefore, the deceased
should not have received an instalment of xxx for 30 September 2021. Please arrange for the
amount of xxxx to be refunded to us. The amount can be paid in at:
ABSA Bank account number ....


Fcuk me!!!
I reply: I find it hard to believe that you acknowledged my father's death on the 9th, yet still pay him/plan to pay him on the 30th??? Sort it out with the executors. I do not have access to his account.
I also sent a copy to the executors.
Who have, so far, done sod-all.
we are currently experiencing high volumes of estates being reported which is impacting the onboarding of new estates. The process is still under way and we will confirm once the estate has been successfully onboarded.

Lo and behold, on Thursday, hs phone pings: Rxxxxx paid into his account!!! And yesterday and today, *ping* his household insurance and security company stop orders have gone off. Which makes sense... it is in the exec's best interest to ensure the property is protected, right?
BUT *ping* it also pays his satellite TV subscription!

Disorganisd *******, the lot of them
 
My father died end of August.
I informed his executors - the bank - plus the insurance company in early September, as they needed 'proof' ie Death Certificate.
Here's what happens...
9 Sept, 08:34
Good day
We refer to your request dated 08 Sept. 2021.
We are sorry to learn of your loss. Please accept our condolences.


then...
23 September 2021
Dear Mr Rid
Plan/Policy number : xxxxx
Estate late : Mr Rid (senior)
Claim number : 361826
We are sorry to learn of your loss. Please accept our condolences.

The following is an illustration of the regular instalment amounts per policy:
Gross amount payable

(Monthly) RXXXXx
However, these instalments are only payable until Mr Rid (Senior)'s death. Therefore, the deceased
should not have received an instalment of xxx for 30 September 2021. Please arrange for the
amount of xxxx to be refunded to us. The amount can be paid in at:
ABSA Bank account number ....


Fcuk me!!!
I reply: I find it hard to believe that you acknowledged my father's death on the 9th, yet still pay him/plan to pay him on the 30th??? Sort it out with the executors. I do not have access to his account.
I also sent a copy to the executors.
Who have, so far, done sod-all.
we are currently experiencing high volumes of estates being reported which is impacting the onboarding of new estates. The process is still under way and we will confirm once the estate has been successfully onboarded.

Lo and behold, on Thursday, hs phone pings: Rxxxxx paid into his account!!! And yesterday and today, *ping* his household insurance and security company stop orders have gone off. Which makes sense... it is in the exec's best interest to ensure the property is protected, right?
BUT *ping* it also pays his satellite TV subscription!

Disorganisd *******, the lot of them


My F-I-L died some years ago and the Wifey was the Executor.

It's not a easy job.

However any mistooks made by the Executor it is thier problem to sort out, i.e. no property insurance and the place gets screwed the Executor is liable, etc etc.

You can apply to relieve the Executor if you feel they are not up to the job, I believe via the Family Court. I would suggest you speaking to a Solicitor first and ask them to write to the Executor outlining your concerns and asking the Executor to stand down if you want to take over being the Executor. May cost a few hundred pounds, Solicitors appointment, checking the will etc and sending the Solicitors letter etc.

If the Executors are Solicitors then contact the Ombudsman if you have any concerns about thier handling of the Estate.
 
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Hi Troops I will ask for help at the end of getting this off my chest .

My mum and dad always blamed ME for the fact that they had to get married and treated me differently to my siblings, this lead me to have low esteem and other mental issues ( ie manic depression more depressed than manic) .

Any way I left home at 16 and made my way in life via the Corps of Royal Engineers. My 13 brother signed all the forms to get me enlisted (1970) . Once I was demobbed I cam back to London for a little while before moving to Peterborough for ten years . During this time I didint see my family a lot , their choice .

Move on 30 odd years and both parents died and I moved back to London , when my mum went she left a will I was not a beneficiary both the siblings were to split the estate 50/ 50 not one penny came to me , which is what I expected frankly .

Last year my mums brothers wife died of Covid , and last week I received a cheque as a beneficiary, for some reason it was less than a third of the amount which my siblings received. Why my Aunt cut me down I dont know , unless my mother and my sister had a hand in it .

Now for the question, i feel hard done by but not enough to chuck myself under a buss or anything.
Saturday I got a notice from the trusties , my cousins, telling me that the Solicitors underpaid the taxes on the will and I need to send them a grand from my small bequest .

Do I have to legaly ??

These people are not your family. They are simply individuals with whom you have similar DNA and some shared history.

Fck them off at the high port and don't look back.
 
My father died end of August.
I informed his executors - the bank - plus the insurance company in early September, as they needed 'proof' ie Death Certificate.
Here's what happens...
9 Sept, 08:34
Good day
We refer to your request dated 08 Sept. 2021.
We are sorry to learn of your loss. Please accept our condolences.


then...
23 September 2021
Dear Mr Rid
Plan/Policy number : xxxxx
Estate late : Mr Rid (senior)
Claim number : 361826
We are sorry to learn of your loss. Please accept our condolences.

The following is an illustration of the regular instalment amounts per policy:
Gross amount payable

(Monthly) RXXXXx
However, these instalments are only payable until Mr Rid (Senior)'s death. Therefore, the deceased
should not have received an instalment of xxx for 30 September 2021. Please arrange for the
amount of xxxx to be refunded to us. The amount can be paid in at:
ABSA Bank account number ....


Fcuk me!!!
I reply: I find it hard to believe that you acknowledged my father's death on the 9th, yet still pay him/plan to pay him on the 30th??? Sort it out with the executors. I do not have access to his account.
I also sent a copy to the executors.
Who have, so far, done sod-all.
we are currently experiencing high volumes of estates being reported which is impacting the onboarding of new estates. The process is still under way and we will confirm once the estate has been successfully onboarded.

Lo and behold, on Thursday, hs phone pings: Rxxxxx paid into his account!!! And yesterday and today, *ping* his household insurance and security company stop orders have gone off. Which makes sense... it is in the exec's best interest to ensure the property is protected, right?
BUT *ping* it also pays his satellite TV subscription!

Disorganisd *******, the lot of them

Reminds me of my brother and myself going to Wisbech and notifying the registrar of my fathers death.

Her: "Was he in the Army"
Us: "Yes. All his working life"
Her: "Right. I will have his pension stopped straight away"
Me: "Do you train to be a registrar"
Her: "Yes, of course"
"Me: "Were you off sick when they did Sympathy 101"
Her: Mumbled platitudes.

We regained a bit at the undertakers. I asked him if we could get a discount. His pale face turned even more ashen and he mumbled stuff about reducing costs/finance etc. Then he asked if there were any circumstances which might warrant some sort of discount. I said "Yes. We are orphans now".
 
Reminds me of my brother and myself going to Wisbech and notifying the registrar of my fathers death.

Her: "Was he in the Army"
Us: "Yes. All his working life"
Her: "Right. I will have his pension stopped straight away"
Me: "Do you train to be a registrar"
Her: "Yes, of course"
"Me: "Were you off sick when they did Sympathy 101"
Her: Mumbled platitudes.

We regained a bit at the undertakers. I asked him if we could get a discount. His pale face turned even more ashen and he mumbled stuff about reducing costs/finance etc. Then he asked if there were any circumstances which might warrant some sort of discount. I said "Yes. We are orphans now".
I wrote elsewhere of the vultures coming round within hours of his death asking about the Lotto syndicate money..
Cnuts.
 
We regained a bit at the undertakers. I asked him if we could get a discount. His pale face turned even more ashen and he mumbled stuff about reducing costs/finance etc. Then he asked if there were any circumstances which might warrant some sort of discount. I said "Yes. We are orphans now".
When my wife died the ambulance crew notified the local "people" to come and collect her.
Those people were the Co op funeral directors.
Some weeks after the funeral I received a shed load of "divi" coupons.
Got a new microwave and a couple of other domestic appliances.
 

No Boots

Old-Salt
Reminds me of my brother and myself going to Wisbech and notifying the registrar of my fathers death.

Her: "Was he in the Army"
Us: "Yes. All his working life"
Her: "Right. I will have his pension stopped straight away"
Me: "Do you train to be a registrar"
Her: "Yes, of course"
"Me: "Were you off sick when they did Sympathy 101"
Her: Mumbled platitudes.

We regained a bit at the undertakers. I asked him if we could get a discount. His pale face turned even more ashen and he mumbled stuff about reducing costs/finance etc. Then he asked if there were any circumstances which might warrant some sort of discount. I said "Yes. We are orphans now".
My sympathies for having to visit Wisbech
 
I have received a text on Friday from the trustees, after hiring a charted accountant we have discoverd that we have underpaid £38 k from the sale of dead aunties house .
Please send your name address N I number and tax ref .......

two chances sunshine .......
Time to change your mobile phone number.

Their mistook, their problem.
 

sirbhp

LE
Book Reviewer
You say the trustees, but did you actually mean the executors? It might seem like nit-picking but it does make a difference to what their liabilities are.

From what you've described it sounds like they are executors. An executor's first duty is to pay any debts or other liabilities on the estate, then distribute any remaining assets as far as possible in accordance with the bequests in the will. Therefore the first thing that they should have done is pay any tax that was due on the estate. If they paid an incorrect amount then they are jointly and severally liable for paying the difference.

Beneficiaries of the will have no liability to pay any part of the debts in the estate (unless they are also an executor, in which case the liability arises from their role as executor not from being a beneficiary).

The executors may have a claim against the solicitor who allegedly miscalculated the tax on the estate but you don't need to get involved in that. Not your circus, not your monkeys. The executors have have no claim against you. As a beneficiary have no liability at all to pay any part of the tax on the estate.


Here we go, the latest missive, Friday o clock.
Dear bhp etc


I have engaged a Charted accountant to advise on Aunties estate, there is a tax bill of £38 k plus interest . overdue since the sale of the house on June 11th. He has advised me as executor of the estate. As part of registering the Capital Gains Tax from Aunties estate I require the following personal details from each beneficiary .
Full name and address date of birth and national Insurance number.

I thank you in advance for provision of same, which will enable me to process the capital gains and reduce the likelihood of any additional interest.

For the moment I am ignoring this last msg, he has not stated what he thinks i have to pay up , although I wouldnt want him to be stuck with £38k my wack could be £1k but as im retired living on pensions perhaps i could get some tax relief ??

Will try to speak to a brief and or CAB this week.
 

Aphra

Old-Salt
Here we go, the latest missive, Friday o clock.
Dear bhp etc


I have engaged a Charted accountant to advise on Aunties estate, there is a tax bill of £38 k plus interest . overdue since the sale of the house on June 11th. He has advised me as executor of the estate. As part of registering the Capital Gains Tax from Aunties estate I require the following personal details from each beneficiary .
Full name and address date of birth and national Insurance number.

I thank you in advance for provision of same, which will enable me to process the capital gains and reduce the likelihood of any additional interest.

For the moment I am ignoring this last msg, he has not stated what he thinks i have to pay up , although I wouldnt want him to be stuck with £38k my wack could be £1k but as im retired living on pensions perhaps i could get some tax relief ??

Will try to speak to a brief and or CAB this week.
With the greatest of respect to CAB, the majority of their staff are volunteers, trained in a wide (not in depth) range of advisory work but very often as a 'triage' point to signpost clients to sources of help. They are not, and don't claim to be, legal advisers. What you won't find in a CAB is a probate expert. Add to that, that CAB are hugely oversubscribed, and you could be waiting a very long time to actually speak to a caseworker.

Please seek out a local solicitor who specialises in probate. Your situation is unusual but not unheard of and a good solicitor will be able to deal with it.
 
@sirbhp,
Caveat: I am not a Lawyer or Tax expert, the stuff below is my own understanding which may be incorrect.

Have a look at Capital Gains Tax - Selling a property after death

A couple of things to consider.
If the property was part of the estate and was sold to realise funds, any Capital Gains Tax (at 28% of the value of the property, minus any exempt amount) due from the sale is to be paid from the Estate. No money should have been paid out of the estate to Beneficiaries until all debts and dues are paid.

If the title of the property was transferred to a beneficiary in accordance with the will, that Beneficiary alone is liable for any Capital Gains Tax (at either 18% or 28% minus any exempt amount) due from the sale of the property. They keep any monies left after fees, Tax, Etc.

You need to find out whether the property was part of the Estate and when it was sold. If the Executors sold the property after disbursing funds from the Estate, you should be due more money.
By my back of a fag packet reckoning, if the Capital Gains Tax was charged at 28% and resulted in a tax bill of £38,000 then the sale of the property realised at least £136,000 to be added to the Estate. This would leave around £98,000 to be disbursed between the Beneficiaries (including you) once the Capital Gains Tax was paid. If the Executors disbursed monies from the Estate before settling the tax bill (a big no no), they are legally liable for it not you.
Whatever happens, you are not (legally) liable for any Capital Gains Tax, that is charged either to the Estate or the Beneficiary who sells the property so you should not have to give any details.

Depending on the circumstances, getting a Solicitor involved may cost a few hundred quid just to confirm you are not liable for any Capital Gains Tax, but may realise a lot more.
 
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