About a year ago a relative of mine passed away. Another relative was
made the executor of the Will. The executor never contacted me about
the Will, but after writing to the Probate Office I obtained a copy
and discovered that I was left a small sum of money and some personal
items.  The remainder of the decased's assets were left to the
executor. I have attempted to contact the executor regarding these
items but she has not acknowledged or responded to these attempts in
any way.

It is my understanding that as the executor she was required to
contact me about the bequests in the Will. Since she appears unwilling
to comply with the Will, what is my legal recourse?

To complicate the matter, both the decased and the executor reside(d)
in England, while I live in Canada.  So any advice you can provide
should take in to account that it is extremely difficult for me to
visit a solicitor or any government offices in England.

Thanks for your help.

You have a legal right to the bequest.

A solicitor's letter to the Executor would be a good starting point.

Once the Executor knows you mean business then things should happen.

Are you sure that you have got the right address of the Executor and
that the Executor has got yours?

Use a solicitor in Canada, they will sort you out.

I agree with probonopublico. I have recently dealt with a number of
wills as a executor. Once the Probate has been granted, the Probate
Office are not involved in supervising an executor?s actions. You need
to instruct a solicitor. I?m sure a solicitor in the UK would be
willing to act for you and they will take instructions by post, but
they would probably require some payment in advance as you are in
Canada. The Law Society has a database of UK and Canadian solicitors
authorised by the UK Law Society.
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law


These are some of the duties of personal representatives,
"If you are an executor or administrator (or Personal
Representative-PR) then you have the legal right, and the duty, to
deal with all the assets that the deceased owned. You must act
honestly and fairly and in accordance with the law and any Will - and
as long as you do then you will be able to make decisions as to the
distribution of the furniture and effects (what shall be kept and what
should be sold) and as to how cash and investments are to be dealt
with.

Estate Accounts
An estate account must be prepared to show in detail the assets and
their value; the monies received; the debts paid; and the distribution
of the remainder of the estate to the residuary beneficiaries. The PRs
have a duty to provide this information to the beneficiaries."

http://www.brethertons.co.uk/willFactDeath.htm#estate

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