Order to distribute will advice

Suzuka96

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.

Yorkshireman99

The executor must act fairly and not for their own benefit. Beneficaries should be treated equally, Given the amount invloved you will find it difficult and expensive to get any compensation for the delay. However it might be worth writing formally to the executor with a complaint.

badmemory

Why doesn't he just ask his mum what the payments were for. She could have been paying a care home, have paid for the funeral or indeed anything else. Or are they no longer speaking because of the bad divorce?

Suzuka96

Unfortunately his mum is just a bared face liar which although we would love to,trust we can't. For last twelve months she has moaned she had no money (she only works part time) but then we can see evidence on the bank statements that she has visited his brother in USA last year and never mentioned it.

There were no care home fees, funeral was paid directly by executor.

It's not really about what she has had it's more about that oh should have had his money first. Yes it is a small amount to most people however we are currently trying to buy a new house on help to buy (due to market decrease we are currently living in a 1 bed flat with two kids and two cats) and the 1k will be the difference between us being able the afford to carpet the place or not.

Suzuka96

I drafted an email that the executor last night in the hope that he will pay the money. If we don't get a reply I will contact solicitors directly I just wanted to be sure what order beneficiaries should be paid (I thought it was named Amount beneficiaries then residual beneficiaries (or in this case trust is set up and then beneficiaries of that can be paid), before we were put in the position of having to contact solicitors

Sea_Shell

I'm with you suzuka, i'm pretty sure that named specific gifts get paid out first, and IF there is any residue left, then that gets distributed.

That's why it can be a bad idea to leave a specified £££ to a beneficiary, as if it ends up being a smaller estate than when they wrote the will (e.g.they've spent all their money), the residual estate may have nothing left!!!

How you actually get the executor to DO that.....I have no idea, sorry.

gettingtheresometime

I'm sure you've done this but I would get your OH to either email or write to his mum.


You can word it and type/write it up for him but this needs to come from him.


Otherwise I'd expect a 'but out' reply


I'd also be careful of getting solicitors involved otherwise you may find your OH's inheritance is eaten up in fees.