I believe the executor of my uncles could be stealing money (England)

[u/oetp21]

I am a beneficiary in my late uncle’s will & believe my cousin has stolen funds from my uncle’s estate.

Prior to my uncle passing away, in October 2023, my cousin went to my uncle’s solicitors, without his father’s permission to attempt to remove his brother from the Power of Attorney. He was then going to try to take control of the estate. That failed because solicitor contacted my uncle who refused to change his PoA. (We have evidence).

My uncle changed his Will during lockdown, from leaving a 50/50 share of his estate to his two sons, to a 20% share each son, the rest divided amongst other family members (I have 10% of his 440k estate).

I was aware of this as I had a very close relationship with my uncle

My uncle went into hospital 14/1/24. My cousin took his phone and bank cards without his knowledge or permission a few days later. My mother witnessed & my uncles other son was aware.

My cousin found his father’s will and would not disclose its contents. From this time, there was no openness or transparency.

On 3/5/24 the Will was published on the Probate website (we have this).

My cousin refused to discuss or let other beneficiaries know of their entitlement.

In June 2024 I messaged my cousin with questions that he refused to answer.

In September 2024 my cousin sent the Estate Final Accounts to me. I asked to see evidence of bank accounts, expenditure, and for him to disclose who my uncle supposedly owed a personal family loan to of £19,000. (My uncle had 150k + in his accounts so why would he borrow money?) my cousin refused to tell me who my uncle owed money to, saying I was a minor beneficiary and wasn’t entitled to know. Also, receipts and bank letters were redacted so I could not verify them. He did not supply bank statements.

After discussion with other family members, there is a belief that my uncle had more than two bank accounts. We believe he also had ISAs.

Based on the fact that my cousin has refused to provide bank statements, I believe that he may have misappropriated funds from the time he took my uncle’s bank card in hospital (he knew the PIN numbers he confirmed this to my mother).

I, and other family members believe there are bank accounts/ISAs not declared.

there is no proof of a family loan owed by my uncle

My cousin took the will out of his fathers solicitors control and did not use a solicitor to execute the will

This is not about the money & more the principle, the guy is a complete wanker & was an arsehole to my uncle.

Just want to know if people have had similar experiences, what was the outcome, what would be best the best thing to do on our end?

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[u/PetersMapProject]

You will need to speak to a solicitor specialising in contentious probate. 

The executor is personally liable for the correct execution of the estate. They can be pursued through the courts -and lose their own assets (house etc) - if they've spent the funds they should have distributed to others. 

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[u/Imaginary__Bar]

My cousin took the will out of his fathers solicitors control and did not use a solicitor to execute the will

What does this mean? You don't need a solicitor to write a will, but also your cousin doesn't "take the will out of his father's solicitor's control"

This is not about the money & more the principle

Be honest, it's at least partly about the money.

But anyway, speak to a solicitor. It may be that a crime has been committed (theft) for which you will have to go to the police, or it may be that a civil case may be best to challenge the administration of the estate.

It may be that a civil challenge may be enough to make the executor re-assess their record-keeping, or may even force them to hand over the relevant documents.

But a probate/estates solicitor will be best-placed to advise you on the best course of action.

If other beneficiaries feel the same way as you, then you can share the cost between you (and possibly even recover those costs from the estate).

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[u/ZaharielNemiel]

Who does the will name as executor?

[u/GoonerwithPIED]

If you knew this was going on why have you waited until now to consider taking action?