Inheritance in will

Shelldean

Also if the solicitors are executors they won't distribute early in case any debts against the estate appear. As they as executor will be liable surely?

getmore4less

Shelldean wrote: »

Also if the solicitors are executors they won't distribute early in case any debts against the estate appear. As they as executor will be liable surely?

A section 27 sorts that out.

If done relatively promptly and there are no outstanding enquiries from pre grant then 2 months and they are good to go

g6jns_2

Shelldean wrote: »

Unless DWP get involved then it may take longer.

We had probate granted early June. Still can't distribute as DWP are investigating a possible (actually quite probable) benefits overpayment.

They requested all documents in by 5 August. They was, and we're still waiting. Advised us not to distribute until they complete investigation.

No property involved just bank accounts.

So we're 5 months after probate with no end in sight.



Also a friend was contacted by their hunters, everyone had been traced and estate was ready to be paid out. Payment should've been weeks rather than months. Dwp got involved and it took 18 maths.

That is an absurd time for the DWP to take particularly the second case you quote. We're the statutory notices published? The DWP should have made their claim within two months.

getmore4less

g6jns wrote: »

That is an absurd time for the DWP to take particularly the second case you quote. We're the statutory notices published? The DWP should have made their claim within two months.

Is there a requirement to quantify within the two months? or just notify?

A section 27 only protects against unknown debts so where there is a requirement for the executor to do something like sort out the TAX, they can't be unknown.

Mojisola

getmore4less wrote: »

Is there a requirement to quantify within the two months? or just notify?

You're right - there's no obligation on anyone to sort financial matters within two months.

Settling my Dad's estate was held up by one insurance company who had to pay out on a tiny insurance (think back to the 1p insurance payments) but couldn't sort it out.

Shelldean

g6jns wrote: »

That is an absurd time for the DWP to take particularly the second case you quote. We're the statutory notices published? The DWP should have made their claim within two months.

I don't know the ins and outs of the second case just the timescales, as it was friends claim via heir hunters.

The first case I can assure you is accurate, death was March, funeral April. Probate granted early June. Obtaining probate took extra time as official executor couldn't get time off to swear the oaths, plus trying to ensure they had accounted for ALL bank accounts. Found several that were previously unknown about it!!!

DWP contacted us in early July asking for various information and giving us a month deadline to supply it. Information duly supplied in time.

One further letter advising not to distribute until they had finished their investigations. Then nothing since.

I did call on behalf of executor to query if we could pay out for gravestone and some funeral expenses. Was advised funeral was acceptable but they advised us to wait the out come before cleaning and adding deceased to the current gravestone.

G6JNS

getmore4less wrote: »

Is there a requirement to quantify within the two months? or just notify?

A section 27 only protects against unknown debts so where there is a requirement for the executor to do something like sort out the TAX, they can't be unknown.

The wording suggests they have to quantify. Otherwise it would mean that a claim could be made but that the executor would have to wait until the statute of limitations time before they could distribute the estate. That would clearly be unreasonable. I don't know thew answer but would like to know a definitive answer!

Ziggazee

g6jns wrote: »

Unless there is a property sale it should not take nearly as much a six months to distribute the estate. The solicitor is dragging their feet if it takes more than three months from obtains probate.

Not correct. Sometimes it can take this length of time to collate details of assets, never mind prepare the Grant paperwork, have the Oath sworn, receive it from the Probate registry, forward it onto any asset holders that require it, and then draw in and distribute funds.

g6jns_2

Ziggazee wrote: »

Not correct. Sometimes it can take this length of time to collate details of assets, never mind prepare the Grant paperwork, have the Oath sworn, receive it from the Probate registry, forward it onto any asset holders that require it, and then draw in and distribute funds.

I was talking about the time after probate has been granted. Most of what you say will delay things has already been done to obtain probate. At that point, unless the will is particularly complex, three months to distribute should be ample unless the executor is ample. Any more suggests the executor is simply inefficient.

Shelldean

g6jns wrote: »

I was talking about the time after probate has been granted. Most of what you say will delay things has already been done to obtain probate. At that point, unless the will is particularly complex, three months to distribute should be ample unless the executor is ample. Any more suggests the executor is simply inefficient.

It took us a while to get probate for various reasons. Yet our probate was granted months ago, June to be exact. So six months have passed.
Nothing has been distributed yet, not because the executor is inefficient, but because dwp are involved.

You have to judge each case individually as the circumstances will vary.


I don't believe you can make such a sweeping statement saying if it takes longer than 3 months to distribute then the executor is inefficient. It's bit like saying everyteen who wears a hoody is a thug!!!