Sibling estate dispute (scotland)

securityguy

Malthusian wrote: »

it doesn't sound like you have a great deal to lose from bankruptcy. .

Perhaps not, but the brother and sister who inherited might. And the half-sister has claim against all the parties involved, executor and beneficiary. I asked in my previous post about the priority, as to whether it's joint and several or executor then beneficiary, but there is no doubt that ultimately beneficiaries are liable up to the value of their legacy. But that limit doesn't help anyone: as the half-sister is trying to recover 25% of the estate and the OP and each of the OP's siblings were each left 33%, any one, or any combination, of them will do. I doubt they are all people for whom bankruptcy is benign.

Malthusian

@securityguy: Agreed. But apparently the OP's siblings are not concerned about his situation (having stuck him with the liability of sole executor, and then refusing to countenance returning what they owe the half-sister) so I saw no reason to concern myself with theirs.

The OP's first priority is his own health. His siblings' financial affairs come after.

Mrgee

Thanks for that reply thats put my mind at rest a bit (i had visions of being locked up)i used the little money from my share the inheritance to live on for the last two years as ive been unable to work after heart surgery and have rent bills etc to pay..i have no problem paying back my share but just simply cant afford mine and my brother and sisters share thanks for reply

Mrgee

Thanks for your reply ultimately if my brother and sister continue to refuse to pay and it catches up with them thats there problem..as right now its at my door and there refusing ( although i think my brother is now considering paying his share back) i just need to look after myself and my own health as there clearly doing the same

Mojisola

securityguy wrote: »

Perhaps not, but the brother and sister who inherited might. And the half-sister has claim against all the parties involved, executor and beneficiary.

Are you sure about this?

Wouldn't the executor be personally responsible rather the other beneficiaries.

securityguy

I was pretty sure I was right, but I now can't put my hand to good case law. I can find various documents saying that recovering mistaken payments from beneficiaries is hard (for obviously reasons) but they aren't clear if the recovery is done by the new beneficiary or by the executor (ie, the executor is liable and attempts to mitigate their loss by recovering the money from the mistaken beneficiaries).

The general principle is that you cannot obtain better title to assets than the person transferring them. So the executor transferred money that properly belongs to (in this case) the half-sister to the other siblings, so they have her money and she should be able to recover it from them, if an attempt to get it from the executor fails. But a solicitor who knows would be nice to hear from...

Keep_pedalling

Even when solicitors bungle, it would seem that the beneficiary can be made to repay an overpayment.

http://www.express.co.uk/finance/crusader/442370/Beneficiary-falls-victim-to-law-firm-s-overpayment-blunder

McKneff

seems to me that your brother and sister have taken you for a right mug since your father passed.

Did you pay for all the mortgage, all the repairs and the funeral, where they should have been paying their share.

Shame on them.
And if you are ill why have you not been claiming benefits instead of using your savings to live on.

Sorry, I sound sharp, Im on your side x

theoretica

At the risk of stating the obvious, she has definitely stated (or proved) she is your father's daughter, not his step daughter?

Mrgee

Sorry for late replys...she has proved it aparantly showed a birth certificate and that was enough