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Legal documents to give beneficiaries

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  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 17 April 2016 at 6:55AM
    Sacredcat wrote: »
    Thank you.
    Letters are a good idea.
    Can I insist they write me letters instead of emails?
    I want to specify that they can only email/write to me once every 4 weeks with their demands and requests and advice (they are telling me ' I hope you did X YZ, because otherwise blah')) and do I have to refer all their requests to a lawyer? Instead of that, Can I discuss their demands on this site instead, without having been seen to be unreasonable? I am not unreasonable, just the constant contact is not nice.
    Better to just tell them that their constant emails are likely to slow the process up and that you will not be responding. Forget telling them they can contact you every so often. They just have to be patient. As I said do not let them bully you. If all else fails refer them to the case of Arkell v Pressdram!
  • Keep_pedalling
    Keep_pedalling Posts: 20,953 Forumite
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    edited 17 April 2016 at 10:30AM
    Sacredcat wrote: »
    Thank you.
    Letters are a good idea.
    Can I insist they write me letters instead of emails?
    I want to specify that they can only email/write to me once every 4 weeks with their demands and requests and advice (they are telling me ' I hope you did X YZ, because otherwise blah')) and do I have to refer all their requests to a lawyer? Instead of that, Can I discuss their demandson this site instead, without having been seen to be unreasonable? I am not unreasonable, just the constant contact is not nice.

    Yes you can, what they are doing is harassment. Let them know that any future correspondence must be in writing or you will simply ignor it.

    Set your email to divert any further emails they send you to your trash box, and set your phone up to block any calls from them. Once it is all over leave those setting in place, they may be family but they have no respect for you or the deceased persons wishes, so I would not really want anything more to do with them.
  • Keep_pedalling
    Keep_pedalling Posts: 20,953 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Sacredcat wrote: »
    I've collected most assets in, but feel v worried about giving Copy of grant, because one of the beneficiaries has a criminal conviction for an offence involving dishonesty, even tho it is spent conviction. I could write copy I large letters across it.

    They could get one themselves it's a public document so I would not worry too much about that.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sacredcat wrote: »
    They are asking for 'legal documents' without specifying what exactly.

    Also, because I am family and a beneficiary too, they say they want me to hand executor duties to an 'impartial paid solicitor,' - but I haven't done anything 'partial', - still, they say, if this impartial person is paid to be Executor, the beneficiaries will 'doubtless get more info' than I've given.

    If you employ a solicitor to do the executor's work (not making them the executor), then he/she will have contact with you and will not share all the information with the other beneficiaries.

    They also say that because I am family, and a beneficiary, that I have a 'conflict of interest'. I know that what they are saying is nonsense but they are bombarding me with messages weekly, sometimes everyday.

    The conflict of interest idea is a non-starter. It's quite normal for the executor to be one of the beneficiaries. Also, remember the deceased chose you - and none of the other beneficiaries - to be in control of the estate.

    If the other beneficiaries are being very difficult, especially if you are concerned about any potential fraud or other criminal activity, I would seriously think about employing a solicitor.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Take on board everything they suggest you should be doing.

    Ask here first if not sure, you can always engage a solicitor for clarification if the info/links from here don't help you decide what you want to do.

    As you already have the grant you can instruct solicitors to act on a minimal basis if you can find one willing to take on that task.

    You do all the leg work and let them go over the paper work and distribute.
    I have done this where the solicitor was the executor to reduce the work they needed to do but many might not be happy with this approach.

    Traditionally a inventory and account would also include a dialog to explain the time line and the accounts so you could go down that route but not sure that will help as they seem to be taking an extreme approach.

    Being a residual beneficiary is actually less of a conflict as they will be trying to preserve estate assets, a paid administrator has no incentive to reduce costs or time.

    Solicitors are happy to dish out information as they charge for every everything.
  • Take on board everything they suggest you should be doing.

    Ask here first if not sure, you can always engage a solicitor for clarification if the info/links from here don't help you decide what you want to do.

    As you already have the grant you can instruct solicitors to act on a minimal basis if you can find one willing to take on that task.

    You do all the leg work and let them go over the paper work and distribute.
    I have done this where the solicitor was the executor to reduce the work they needed to do but many might not be happy with this approach.

    Traditionally a inventory and account would also include a dialog to explain the time line and the accounts so you could go down that route but not sure that will help as they seem to be taking an extreme approach.

    Being a residual beneficiary is actually less of a conflict as they will be trying to preserve estate assets, a paid administrator has no incentive to reduce costs or time.

    Solicitors are happy to dish out information as they charge for every everything.
    If they really are silly about using a solicitor remind them that as residuary beneficiaries they will bear the full cost. That might concentrate their minds!
  • Sacredcat
    Sacredcat Posts: 65 Forumite
    Thanks everyone.

    I'm a residuary beneficiary too, and not willing to employ a solicitor (unless I decide it's neccessary later on for specific pieces of work). I realise that a solicitor won't do the tasks quicker than me and will cost loads.
    Post is a nice idea. But the other beneficiaries have no income, they exist by living with their partners for free (they didn't suddenly lose their job, just have this choice of lifestyle, hence money is an issue for them, probably that is why they are in contact with me often).. Letters cost money to print and send so is it fair to insist on this method of communication?
    Diverting emails - thank you, good idea.
    Thanks for pointing out also that the solicitor will only share info with me - so it wouldn't help the beneficiaries anyway.
  • FreeBear
    FreeBear Posts: 18,259 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Sacredcat wrote: »
    Letters cost money to print and send so is it fair to insist on this method of communication?

    64p for a first class letter, and 55p for second - Not a huge amount. If they can't afford the price of a stamp, it will focus their attention of matters of importance rather than harassing you over trivial things.

    Then again, you could insist on communications via a solicitor and that would cost even more - Been doing that with someone myself over the last year, and I don't think he appreciated the bill (not heard a peep for the last three months).
    Her courage will change the world.

    Treasure the moments that you have. Savour them for as long as you can for they will never come back again.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Sacredcat wrote: »
    Thanks everyone.

    I'm a residuary beneficiary too, and not willing to employ a solicitor (unless I decide it's neccessary later on for specific pieces of work). I realise that a solicitor won't do the tasks quicker than me and will cost loads.
    Post is a nice idea. But the other beneficiaries have no income, they exist by living with their partners for free (they didn't suddenly lose their job, just have this choice of lifestyle, hence money is an issue for them, probably that is why they are in contact with me often).. Letters cost money to print and send so is it fair to insist on this method of communication?
    Diverting emails - thank you, good idea.
    Thanks for pointing out also that the solicitor will only share info with me - so it wouldn't help the beneficiaries anyway.
    In which case just write once and tell them that their continual barrage of emails amounts ti harassment and that future ones will be ignored. They really are behaving abominably. You don't have to put up with it. The ball is in your court.
  • Sacredcat wrote: »

    I'm a residuary beneficiary too, and not willing to employ a solicitor (unless I decide it's neccessary later on for specific pieces of work). I realise that a solicitor won't do the tasks quicker than me and will cost loads.

    I would take the approach that you are confident in your abilities to carry out the duties of executor and you have a legal (and moral) right to do so. If they wish you to employ the services of a solicitor unnecessarily, then it will be at their cost and not yours and you will require them to enter into a formal written contract to that effect.
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