Paying beneficiaries of will

misterfish

My mother died last year. Her will named me as executor and stated that all her assets were to be split equally between myself and my only brother. My solicitor has now obtained Grant of Probate and should have received all of the funds in the next few weeks at which time these monies will be passed to me to distribute to myself and my brother. The total amount will be in excess of £250,000

The problem is that my brother and his wife live in France and over the last year it seems he has been behaving somewhat oddly and has left home and travelled to Spain with very limited contact with his wife. He has returned home two or three times for short periods and then left for Spain again. It now appears that he has been diagnosed with encephalitis and is having ongoing tests and treatment in Spain but is not well enough to travel back to France. I have only found this out by speaking to his wife in France. I have not managed to get an answer to phone calls or text messages made directly to my brother. To make matters more complicated he has not (will not) say exactly where he is in Spain and that the area he is living in has poor mobile phone sugnals.

My problem is that he is a named beneficiary and I need to pay the money specifically to him but at present I only have details of a joint sterling account he and his wife have in the UK. They each apparently have individual French Euro bank accounts but I have no details of those.

I will continue to try to contact him but want confirmation in writing from him as to where he wants me to transfer the funds.

All of the information that I have gleaned so far has been from his wife and I do not feel I can take any further action until I hear directly from him giving his instructions for his inheritance in writing.

Has anyone got any suggestions or advice?

Misterfish

G6JNS

misterfish wrote: »

My mother died last year. Her will named me as executor and stated that all her assets were to be split equally between myself and my only brother. My solicitor has now obtained Grant of Probate and should have received all of the funds in the next few weeks at which time these monies will be passed to me to distribute to myself and my brother. The total amount will be in excess of £250,000

The problem is that my brother and his wife live in France and over the last year it seems he has been behaving somewhat oddly and has left home and travelled to Spain with very limited contact with his wife. He has returned home two or three times for short periods and then left for Spain again. It now appears that he has been diagnosed with encephalitis and is having ongoing tests and treatment in Spain but is not well enough to travel back to France. I have only found this out by speaking to his wife in France. I have not managed to get an answer to phone calls or text messages made directly to my brother. To make matters more complicated he has not (will not) say exactly where he is in Spain and that the area he is living in has poor mobile phone sugnals.

My problem is that he is a named beneficiary and I need to pay the money specifically to him but at present I only have details of a joint sterling account he and his wife have in the UK. They each apparently have individual French Euro bank accounts but I have no details of those.

I will continue to try to contact him but want confirmation in writing from him as to where he wants me to transfer the funds.

All of the information that I have gleaned so far has been from his wife and I do not feel I can take any further action until I hear directly from him giving his instructions for his inheritance in writing.

Has anyone got any suggestions or advice?

Misterfish

This is a very difficult situation and you are wise to be cautious. Have you asked your solicitor for advice? I don't think it would be right to pay it into a joint account without his permission.

SeniorSam

As executor and Trustee, you could set up a Trustee account and deposit his inheritance in that account. Then notify him that his inheritance is there awaiting his instructions.

You have therefore discharged your duties as executor, as you have made efford to pay to him directly.