Potentially dodgy executor

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My partners grandma died feb12 2016 by July we hadn't heard anything re will (they were very close and she had promised when she went she would leave him something) so we downloaded a copy of probate and will. These were granted in April 5 2016 and named him and 6 beneficiaries as entitled to £1k each with remaining estate (per probable around £165k) to go into trust for benefit of his mum and her sister.

We were only told by executor (aunts husband) about his share of his interitance when asked his mum who solicitors acting on behalf of the will were. We were told we would not see a penny of the entitledmnet until property was sold (asking price at least £20k under robate value)

Now his mum and his dad are in throws of divorce (bitter) and his dad has showin us his mums bank statements which have been provided as part of divorce which clearly show three payments in April 2016 from the executor totalling in excess of £10k.

Now quick question is - it was my understanding that no payments should be made to beneficiaries of trust until the named beneficiaries had been paid. If this is correct what type of trouble would the executor be in.

Comments

  • badmemory
    badmemory Posts: 7,911 Forumite
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    Or it's the executor refunding the costs of the funeral and paying bills on the property and preparing it for sale. All legitimate. Maybe your partner should be wondering about his Dad's motives.
  • Suzuka96
    Suzuka96 Posts: 51 Forumite
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    These payments (11k) have been paid from executor to mother. Executor would have paid funeral etc directly from estate to debtors. The mother paid nothing as she had no money before these payments to do so.
  • helcat26
    helcat26 Posts: 1,119 Forumite
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    Please bear in mind that sometimes people write a will saying £1k to go to XXXX, but then when the estate goes through probate and debts are paid- especially care homes sometimes there is not enough left
  • Suzuka96
    Suzuka96 Posts: 51 Forumite
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    We know probate was £165k (after all debts paid) so we know there is plenty of money to distribute to named beneficiaries. In fact we know that oh mum is banking on money from estate to buy a property with.

    The question I want answered is - it is my understanding that named beneficiaries with set amounts should receive payment before anyone entitles to the residual.

    In this case looks like a payment has been made to a residual entitly before the named beneficiaries
  • gettingtheresometime
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    I tend to agree with badmemory, it does sound as if your OH's dad is trying (and by the sounds of it succeeding) to cause bad feeling.

    Given the estate is worth £165k (which I presume the majority of which is made up of a property) then there seems sufficient to cover your OH's inheritance of £1k.

    Now whether or not your oh should have received something like can't comment on but I don't see anything potentially dodgy.
  • Suzuka96
    Suzuka96 Posts: 51 Forumite
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    It would,be potentially dodgy if he should have paid the named beneficiaries first. I was hoping that there maybe a lawyer in here that could confirm.

    The executor imo is dodgy as hell first with the will he failed to do his duty and only when chased informed us of the bequest. And I haven't mentioned that they gained power of attorney over the grandmothers estate (she had dementia) sold her ordinary flat and purchased the exutors mothers warden controlled flat (executor mother had recently died) for maximum market value. They are now struggling to sell said flat and identical flat in same building is now for sale 30k beneath the price the grandmother paid for it.

    My partners father is a bit dim and pointed out the large recipets his mother had received not realising from which account that had been recieved.
  • gettingtheresometime
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    You may be better off posting in the death, wills & probate board as there are some knowledgeable people there.
  • Out,_Vile_Jelly
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    If you're going to get involved in a bitter family dispute involving wills and divorces you're probably going to need to engage the services of a specialist lawyer. I don't think quoting random people off the internet will help anyone at this stage.
    They are an EYESORES!!!!
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