How to stop executors trying to recover a bank balance?
Discussion
This is an odd one - I am trying to stop an executor recovering every last penny of an estate.
The main executor on my father's estate is a solicitor. I am a beneficiary, but I have been dealing with most of the admin as I have all of his paperwork. My father had a bank account in France to allow him to easily collect a small state and private pension from his time working there. Due to old age, he fell behind with his paperwork and it transpires the bank had frozen his account a few years ago as he hadn't provided proof of life for their fraud checks. Bank account has been frozen since 2022. He hadn't used it in years - not since he was well enough to travel in France with my late mother. It was their holiday fund. Current balance is about €11,000.
The Devon Solicitor has been clueless as to what to do. The bank (SocGen) has been pretty helpful but we have also had to deal with French Tax authorities and their equivalent of probate, and a myriad of other agencies. They love a bit of paperwork and official stamps on original notarised documents across the channel. The point here is that the costs to recover the French bank balance have surpassed the balance. ie if they are now racking up costs to collect a smaller amount. Neither is there any end in sight.
All the beneficiaries are in agreement that they should stop. But the executor/solicitor is refusing to, stating that they are personally liable as the executor if they do not collect all the money. In the meantime they are happily racking up the fees to do so. It's like a circular rigged game, the executor is billing the estate they are administering to chase money to a value already below the fees they have racked up.
Any suggestions on how we can get them to stop? Surely we could indemnify them against future claims? I wouldn't mind but they are as thick as mince (literally had to show them how to use Google Translate and Co-Pilot to understand correspondence from SocGen).
This is before we even get to the subject of them appointing their fellow partner to carry out the conveyancing...
The main executor on my father's estate is a solicitor. I am a beneficiary, but I have been dealing with most of the admin as I have all of his paperwork. My father had a bank account in France to allow him to easily collect a small state and private pension from his time working there. Due to old age, he fell behind with his paperwork and it transpires the bank had frozen his account a few years ago as he hadn't provided proof of life for their fraud checks. Bank account has been frozen since 2022. He hadn't used it in years - not since he was well enough to travel in France with my late mother. It was their holiday fund. Current balance is about €11,000.
The Devon Solicitor has been clueless as to what to do. The bank (SocGen) has been pretty helpful but we have also had to deal with French Tax authorities and their equivalent of probate, and a myriad of other agencies. They love a bit of paperwork and official stamps on original notarised documents across the channel. The point here is that the costs to recover the French bank balance have surpassed the balance. ie if they are now racking up costs to collect a smaller amount. Neither is there any end in sight.
All the beneficiaries are in agreement that they should stop. But the executor/solicitor is refusing to, stating that they are personally liable as the executor if they do not collect all the money. In the meantime they are happily racking up the fees to do so. It's like a circular rigged game, the executor is billing the estate they are administering to chase money to a value already below the fees they have racked up.
Any suggestions on how we can get them to stop? Surely we could indemnify them against future claims? I wouldn't mind but they are as thick as mince (literally had to show them how to use Google Translate and Co-Pilot to understand correspondence from SocGen).
This is before we even get to the subject of them appointing their fellow partner to carry out the conveyancing...
I feel your pain albeit from a different angle as am trying to fulfil my duties as Executor on an estate where the deceased has been in turn left some money which is itself being contested - long story but the Executors of that estate ( also a solicitor ) is holding money back to claim costs against the person involved who originally had a caveat placed on that will even though I very much doubt any money will be forthcoming and certainly I doubt not sufficient to balance the costs.
As you no doubt know Executors have a legal duty to maximise the proceeds for the beneficiaries but it seems in your case as in mine they cannot as they will not make an executive decision ie spending money to gain little or in fact a negative sum in return.
They see this as doing their job.
If I’m honest though I am not sure legally if in my case - and probably yours - there is much you can do.
If you look at the Michelmores solicitors site ( for some reason I cannot post a link ) it goes into this a bit more.
From my own research it seems that beneficiaries have no ability to tell the Executor what to do other than to strongly suggest.
As you no doubt know Executors have a legal duty to maximise the proceeds for the beneficiaries but it seems in your case as in mine they cannot as they will not make an executive decision ie spending money to gain little or in fact a negative sum in return.
They see this as doing their job.
If I’m honest though I am not sure legally if in my case - and probably yours - there is much you can do.
If you look at the Michelmores solicitors site ( for some reason I cannot post a link ) it goes into this a bit more.
From my own research it seems that beneficiaries have no ability to tell the Executor what to do other than to strongly suggest.
From ChatGPT, about removing an executor
Removing or Replacing an Executor
If costs are truly excessive or they are mismanaging the estate:
If probate hasn’t been granted → Apply to the Probate Registry to have them passed over in favour of another person (Probate Rules allow this).
If probate has been granted → Apply to the High Court under Section 50 of the Administration of Justice Act 1985 to remove or replace the executor.
Grounds include: misconduct, excessive delay, conflict of interest, or incapacity.
You’ll need evidence (costs vs. estate value, unreasonable charges, lack of communication, etc.).
OR why not complain to the solicitors firm and then escalate to the SRA/ombudsman
Removing or Replacing an Executor
If costs are truly excessive or they are mismanaging the estate:
If probate hasn’t been granted → Apply to the Probate Registry to have them passed over in favour of another person (Probate Rules allow this).
If probate has been granted → Apply to the High Court under Section 50 of the Administration of Justice Act 1985 to remove or replace the executor.
Grounds include: misconduct, excessive delay, conflict of interest, or incapacity.
You’ll need evidence (costs vs. estate value, unreasonable charges, lack of communication, etc.).
OR why not complain to the solicitors firm and then escalate to the SRA/ombudsman
From direct 1st hand experience....we had a debt owed to the estate that was unlikely to be paid even if successful in court so the solicitors cost would be wasted..all 4 beneficaries signed a deed stating we did not want the debt pursued and would not pursue execs for the money either....there was a cost for drawing it up though.
LimmerickLad said:
From direct 1st hand experience....we had a debt owed to the estate that was unlikely to be paid even if successful in court so the solicitors cost would be wasted..all 4 beneficaries signed a deed stating we did not want the debt pursued and would not pursue execs for the money either....there was a cost for drawing it up though.
I'd be tempted to get all the beneficiaries to club together and get another solicitor to draw this up and include a strongly worded letter reminding them of their obligations to maximise return rather than lining their own pockets. Can't do any harm and might lay good groundwork should you decide to go legal in the future?LimmerickLad said:
Surely he needs to do the best for the estate as a whole? simple letter signed by all beneficiaries stating you will hold them responsible should their actions cause losses to the estate as a whole would suffice?
This, you'd think, would focus their minds Edited by LimmerickLad on Friday 8th August 18:27
seapod said:
My father had a bank account in France. Current balance is about €11,000.
The point here is that the costs to recover the French bank balance have surpassed the balance. ie if they are now racking up costs to collect a smaller amount. Neither is there any end in sight.
How is it possible to spend €11,000 on this?The point here is that the costs to recover the French bank balance have surpassed the balance. ie if they are now racking up costs to collect a smaller amount. Neither is there any end in sight.
How much have you spent overall on winding-up this Estate? If, as you say, you've been doing the sensible thing and covering as much admin yourself as possible the fees definitely shouldn't be running out of control.
Simpo Two said:
If he incurs costs which exceed any recovery then he has failed in his legal duties!
Could he then be held 'personally liable' for the losses?
Quite. Could he then be held 'personally liable' for the losses?
Solicitors seem to be almost in a dichotomy about this hence my “ commercial decision” comment.
In my case I’m not a beneficiary for the challenged estate but in the case of the OP it would appear
that perhaps he should be saying this directly to the Solicitor.
There was a thread a while back about Solicitors managing to charge £300 an hour without necessarily spending an hour on something.
Panamax said:
How is it possible to spend €11,000 on this?
It's a solicitor, silly 
It's in their interests to keep jogging round the hamster wheel watching the bill go up like a petrol pump.I suppose at least they charge you for their time, whereas an IFA swipes 1% of your pile every year for doing roughly nothing after week one.
LimmerickLad said:
From direct 1st hand experience....we had a debt owed to the estate that was unlikely to be paid even if successful in court so the solicitors cost would be wasted..all 4 beneficaries signed a deed stating we did not want the debt pursued and would not pursue execs for the money either....there was a cost for drawing it up though.
This is the route that I thought we could take. I have asked another solicitor for advice over the weekend and he stated the same thing. The current solicitor has said this isn't possible. I will apply more pressure this morningPanamax said:
seapod said:
My father had a bank account in France. Current balance is about €11,000.
The point here is that the costs to recover the French bank balance have surpassed the balance. ie if they are now racking up costs to collect a smaller amount. Neither is there any end in sight.
How is it possible to spend €11,000 on this?The point here is that the costs to recover the French bank balance have surpassed the balance. ie if they are now racking up costs to collect a smaller amount. Neither is there any end in sight.
How much have you spent overall on winding-up this Estate? If, as you say, you've been doing the sensible thing and covering as much admin yourself as possible the fees definitely shouldn't be running out of control.
The rest has gone in time spent informing the 2 x Fr pension providers of death and submitting French tax returns, all of which have had to be signed and stamped by the solicitor
seapod said:
LimmerickLad said:
From direct 1st hand experience....we had a debt owed to the estate that was unlikely to be paid even if successful in court so the solicitors cost would be wasted..all 4 beneficaries signed a deed stating we did not want the debt pursued and would not pursue execs for the money either....there was a cost for drawing it up though.
This is the route that I thought we could take. I have asked another solicitor for advice over the weekend and he stated the same thing. The current solicitor has said this isn't possible. I will apply more pressure this morning"2.Effect of this deed
The parties hereby agree that this deed shall immediately be fully and effectively binding on them.
3.Release
This deed is in full and final settlement of, and the Beneficiaries hereby release and forever discharge, all and/or any actions, claims, rights, demands and set-offs, whether in this jurisdiction or any other, whether or not presently known to the parties or to the law, and whether in law or equity, that the Beneficiaries, their Related Parties or any of them ever had, may have or hereafter can, shall or may have against the Executors, the Estate or any of their Related Parties arising out of or connected with:
4.Agreement not to sue
4.1Each party agrees, on behalf of itself and on behalf of its Related Parties not to sue, commence, voluntarily aid in any way, prosecute or cause to be commenced or prosecuted against the other party or its Related Parties any action, suit or other proceedings concerning the Released Claims, in this jurisdiction or any other."
seapod said:
I think about half the cost has gone on me training them how to deal with a French estate process. The amount of paperwork France requires is high (which I expected, their government digital service is miles behind ours - much as we love to criticise HMRC/DVLA/Passport etc you can at least carry out most things without needing to send letters!)
The rest has gone in time spent informing the 2 x Fr pension providers of death and submitting French tax returns, all of which have had to be signed and stamped by the solicitor
All of the above should have cost no more than € 3'000 in correspondence and notarised documents. I deal with Swiss (and French) tax lawyers/advisers on a regular basis for the past 25 years, asking for quotations for specific projects, sending engagement letters, etc. as the CFO of two Swiss companies, where a significant minority shareholder is French and French-resident. I also own property in France, so have some idea of what is involved.The rest has gone in time spent informing the 2 x Fr pension providers of death and submitting French tax returns, all of which have had to be signed and stamped by the solicitor
Your UK solicitors have been taking the piss in the extreme. At least make them stop, as suggested above, by a joint letter from all beneficiaries instructing to cease efforts to recover the French assets. I would then be asking for a detailed billing statement for all activity related to the SocGen account, and sending it to the Solicitors Regulation Authority with a very strong letter of complaint.
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