Monday, 10 March 2025

"We have processes we have to follow"

is the response Middle Cat is going to get from the executors of the Senior Cat's estate.  No, it is still not settled after three years. It is more than twelve months since the Black Cat took the rest of us to court and demanded more than she was entitled to - and won.

Middle Cat being the one who has dealt with the financial issues (because her partner is very able in this area) she is also the one trying to move the executors on so that we do not have the added issue of Capital Gains Tax. I do not think it is going to work. The executors could do this but they have no reason to do it. They can delay the final stages of settling the estate, indeed seem determined to do just that.  

The entire saga has had major financial implications for me. I was prepared for some of the issues of course. I was looking for alternative accommodation long before it became essential. Many of the difficulties were caused by what I could not do rather than by what I could do.

In all this the executor company has not been supportive. Indeed it has gone out of its way to make even more difficulties. I expressed some concerns when the Senior Cat's affairs were handed to an employee I had previously had dealings with. We were told she would always be "monitored" and if we had "concerns" they would be "listened to" but they were not prepared to change the arrangement.  In the end I was proven right. She was "asked to leave". 

At that point we had already done most of the work. We had another plan in place, one which would have allowed me to stay in the family home at least for some years. Instead of that there were delays that were never explained to us. Despite repeated inquiries we were given excuse after excuse. People outside the executor company were blamed for delays even when documents had not even been sent to them. 

All this allowed the Black Cat to become impatient and talk to other people who encouraged her to believe that something was not "fair". The law working the way that it does meant that the outcome was not what the Senior Cat intended. There was another delay. It is now fourteen months since we learned of the Black Cat's challenge. Everything had to come to a halt. I was told I could not do anything. We could not remove anything from the property, even things belonging to me.  The executors wanted to come into court with us even when they stated they would not be part of any challenge. On legal advice we told them to stay out of it. The judge and the barrister both said we had made the right decision. The executors would simply have delayed things further and charged us more.

Settlement on the sale of the property came at the end of February after a great deal of work and stress. It has caused friction between all of us at times. The executors tell us the delays are our fault. They would have sent a company in to "clear" the property - at a very high fee. We would not have had any control over anything and a great many things of value would simply have been placed in a skip to be dumped. The executors were not happy we did not use their "clearance" people.  Of course they weren't. It meant no extra fee for them. 

I sat down with my financial adviser. He is a man I know well. I like him and trust him. Once the issue of the codicil was resolved there was no cause for any of the delay. The Senior Cat's affairs were simple. They were in good order. His tax returns were up to date. It should have taken no more than six months at the most to finalise the matters that needed to be dealt with. 

Three years later we are now facing another hefty bill. This time it will be for "capital gains tax" because the executors are once again dragging their feet. All the information has been with them for weeks. It was only settlement which was holding things up. 

My advice to other people is this - do not use an executor company. Get your will properly drawn up by a solicitor. Appoint someone you trust as an executor. That person does not need to do all the work. They simply need to see that it is done. It will be much faster. It will also save your estate a lot of money. 

No comments: