What can I do about my Father's will in the UK?

Asked over 1 year ago - Kansas City, MO

I am having an issue relating to my my late father's will. The executor of the will is my great uncle, as I live in the USA and my family all live in the UK. My father part owned 7 properties with my great uncle and left them to me so that I would receive money each quarter after he passed, and also a cash amount to be distributed monthly.

Basically, the executor is not executing the will. I have received one payment from the properties which is thousands of British pounds less than it should have been, and although my fathers estate is now through probate, he is not distributing anything and I heavily suspect him of embezzling the money. I am trying to figure this out over telephone conversations and am not getting anywhere.

I need to find out how to get a copy of my fathers will, as I'm not being given the solicitors address by the executor, and I need to know the exact situation before perhaps starting legal proceedings. This is all based in the UK by the way, so please bear that in mind, law and resource-wise, as I am still living in the US.

Attorney answers (3)

  1. James P. Frederick

    Contributor Level 20

    4

    Lawyers agree

    Answered . I am very sorry for your loss and the situation you now find yourself in. I see no alternative for you other than to hire a solicitor or barrister in the UK to investigate and pursue this on your behalf. You are not going to be able to do anything over here, on your own. Perhaps that is your uncle's feeling as well, and perhaps that is why he is taking liberties, if he is in fact doing as it appears.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  2. Donald Joseph Quinn II

    Contributor Level 15

    2

    Lawyers agree

    Answered . I know that several of the firms here have offices in the UK. I suggest you contact several of them to get pointed in the right direction as far as retaining a solicitor to assist you in this matter.

    Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of... more
  3. Adam S. Bernick

    Contributor Level 13

    3

    Lawyers agree

    Answered . I am sorry for your loss. You need to hire a solicitor in England to review the matter. Hire your own solicitor not one used by other members of the family. If not sure where to start you can look for an attorney that is licensed there as well as here or a firm that has branches in the US and there, but that is likely expensive. What you need is a solicitor whose primary practice is in estate law and real estate law to review the probate documents and deeds to see what should be happening and if necessary possibly hire a barrister to commence legal proceedings in court to compel accounting, etc....While England has reformed its court system since the days when Dickens wrote Bleak House, estate litigation can still be expensive.

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