Executor not paying out beneficiary

BobQ

nom_de_plume wrote: »

Property generally (the wording of the will is obviously important) will take priority over cash in the distribution of an estate.
In an estate I'm still dealing with, there is not enough cash left after IHT to pay the cash legacies in full and any beneficiaries who may have obtained a copy of the will are going to be sorely disappointed at their reduced inheritances. The property beneficiaries however got their full inheritances.

Surely this depends on whether the property is part of the remainder or is a specific bequest? If you were left £15K with the rest of the estate going to someone else, if the remainder included a house surely the £15K would be paid even if the house had to be sold to pay for it?

madbadrob

BobQ wrote: »

Surely this depends on whether the property is part of the remainder or is a specific bequest? If you were left £15K with the rest of the estate going to someone else, if the remainder included a house surely the £15K would be paid even if the house had to be sold to pay for it?

Your point does raise the question and would depend as to how the will specified the legacies. Residual legacies come after specifc bequests if I remember my probate law correctly. So if the will read I leave all my property and any remaining monies to X and 15k to Y then the property is a specific bequest and goes to X however if there is no money left after paying debts to service the 15k then that legacy would become null.

On your earlier point and getmores in relation to property I take your point. I was making the assumption that property was being used to mean a house based on the Wills I have dealt with never name chattels as property which they could well be classed as

Rob

nom_de_plume

BobQ wrote: »

Surely this depends on whether the property is part of the remainder or is a specific bequest? If you were left £15K with the rest of the estate going to someone else, if the remainder included a house surely the £15K would be paid even if the house had to be sold to pay for it?

Hence the words in brackets... :-)

Property generally (the wording of the will is obviously important) will take priority over cash in the distribution of an estate.

TBagpuss

As you say you have twice written to her asking why hasn't paid you I would suggest that you write one further time asking instead what the current status of the probate is and when she anticipates being able to pay your legacy. Ask that she let you know if there is a specific reason for the delay.

If you don't get a response it may then be worth speaking to a solicitor with a view to them writing to her.

BobQ

TBagpuss wrote: »

As you say you have twice written to her asking why hasn't paid you I would suggest that you write one further time asking instead what the current status of the probate is and when she anticipates being able to pay your legacy. Ask that she let you know if there is a specific reason for the delay.

If you don't get a response it may then be worth speaking to a solicitor with a view to them writing to her.

In my opinion if you have sent two letters I would make the third more definitive. State that its in everyone's interest, not least the executor, for her to respond. Explain that if she ignores your letter, you will get a solicitor to investigate whether she has complied with the laws governing executors. If she has any sense she will answer you.