Question about distribution....

Sevennotemode

This is an update to a previous thread.

Quick summary.

Probated will,more than 6 months ago, I am sole executor.
Other residual beneficiaries creating problems which are all frivolous and vexatious - basically they are trying it on wanting more money.

Numerous threatening solicitors letters( all come to nothing) but constanty threatening 'court action.'

(They have even tried to get me to sign a S36 offer to agree form - obviously totally ignored but still very aggresive and threatening.)

I have totally ignored their threats and now I want to distribute the estate and be done with it all.

My question is: I know they will come up with every excuse in the book not to approve the estate a/cs but can I just go ahead and distribute ?

I intend to carry out my executor duties and send the estate a/cs and await their response - if they refuse to approve the a/cs where do I stand ?

How long do I have to wait before I say 'your clients'money is in a zero interest executors's current a/c' until you approve the estate a/cs you will hear no more from me.'

Any suggestions would be welcome.

Keep_pedalling

Why would you even send then a copy of the account? Only residual beneficiaries are entitled to a copy.

Sevennotemode

They are residual beneficiaries.

getmore4less

There is no requirement for them to approve anything.

They are a statement of the inventory and account for the cash flow and distribution as a statement of fact.

If they wish to dispute the value of an asset, any of the costs or the distribution then they need to do that to you with their reasoning.

if they can't convince you there was an error then their only course of action is to get a court to rule the changes they want.

Yorkshireman99

Sevennotemode wrote: »

This is an update to a previous thread.

Quick summary.

Probated will,more than 6 months ago, I am sole executor.
Other residual beneficiaries creating problems which are all frivolous and vexatious - basically they are trying it on wanting more money.

Numerous threatening solicitors letters( all come to nothing) but constanty threatening 'court action.'

(They have even tried to get me to sign a S36 offer to agree form - obviously totally ignored but still very aggresive and threatening.)

I have totally ignored their threats and now I want to distribute the estate and be done with it all.

My question is: I know they will come up with every excuse in the book not to approve the estate a/cs but can I just go ahead and distribute ?

I intend to carry out my executor duties and send the estate a/cs and await their response - if they refuse to approve the a/cs where do I stand ?

How long do I have to wait before I say 'your clients'money is in a zero interest executors's current a/c' until you approve the estate a/cs you will hear no more from me.'

Any suggestions would be welcome.

The residual beneficiaries do not have to approve the estate accounts. It is your responsibility to distribute the eatste without unreasonable delay. Personally I would call their bluff and go ahead.

Keep_pedalling

Sevennotemode wrote: »

They are residual beneficiaries.

Applogies, I was under the impression that they had been disinherited totally or just left a token sum.

Sevennotemode

I called their bluff and just sent off the estate accounts with the bequest
cheques but their solicitor sent them back saying we don't accept the estate a/cs until
the validitiy of the will has been sorted.

This is his usual reply but he has been saying this now for some 9 months with no sign of any
'court action' but lots of intimidating threats which are getting tedious.

My question now is 'when is distribution deemed to have taken place ?'

As far as I am concerned distribution has now happened and I am done with it.

I haven't bothered to even reply to them but just filed the cheques.

I understand that they need to take me to court to try and challenge the validity of the will but know that they can't afford to and the value of the estate is only £100k.

I have never employed a solicitor to carry out simple administrative tasks and judging by some of the horror stories on this board it is the right thing to do.

I feel that they are running out of options and by them returning the cheques is another way of them trying to put pressure on me to agree to a variation of the will - but they can get stuffed.

Any thoughts anyone /

nom_de_plume

On the assumption that it is all of the residual beneficiaries who are objecting I would write to them along the lines of suggesting you now feel out of your depth and find it necessary to employ a solicitor to finalise the estate. This will of course have to be paid for out of the estate and will therefore reduce the residual pot.

Yorkshireman99

Sevennotemode wrote: »

I called their bluff and just sent off the estate accounts with the bequest
cheques but their solicitor sent them back saying we don't accept the estate a/cs until
the validitiy of the will has been sorted.

This is his usual reply but he has been saying this now for some 9 months with no sign of any
'court action' but lots of intimidating threats which are getting tedious.

My question now is 'when is distribution deemed to have taken place ?'

As far as I am concerned distribution has now happened and I am done with it.

I haven't bothered to even reply to them but just filed the cheques.

I understand that they need to take me to court to try and challenge the validity of the will but know that they can't afford to and the value of the estate is only £100k.

I have never employed a solicitor to carry out simple administrative tasks and judging by some of the horror stories on this board it is the right thing to do.

I feel that they are running out of options and by them returning the cheques is another way of them trying to put pressure on me to agree to a variation of the will - but they can get stuffed.

Any thoughts anyone /

Don't watse time or money on a solicitor. Just refer them to the case of Arkell v Pressdram and say you will ignore any further communications with them except to send them the cheques if they wish

Smiley_Lady

Hi
I started off as Executor (with my sister) but I stayed in Dad's flat and did the horrendous job of collecting together all the paperwork (after registering his death) going through years and years of bank statements etc. After 3 weeks I had collected as much as I could find, did an inventory then sent it all off in the mail (over 2.5kgs of paperwork) to a solicitor in Yorkshire that specialised in probate work that I had found on the web, then interviewed over the 'phone. My Father's estate was complicated as his 2nd wife had died 6 months previously and her very greedy family were waiting for my Dad to die for them to inherit half of the ex council flat my Dad had bought and spent 1/4 million £'s doing up - they contributed nil £'s. I then informed the many people/institutions who needed to know that Dad had died. It was emotionally and physically exhausting.
I returned to Turkey where I live after recinding the executor role but maintained an interest, our solicitor then dealt with my sister (copying me in on e-mails). They went through the minefield of Inheritance Tax (and paid the first instalment, an enormous sum of money demanded by the tax department before probate and the sale of his flat) and the greedy complaints of 2nd wife's family. Everything got sorted out legally not morally - they were well worth the cost out of the estate.
I suggest you put all into the hands of a solicitor. I will never be an executor again.
PS 1 thing I discovered to my horror. My Dad and 2nd wife orriginally had the flat in their names as "joint tenants" the surving spouse inherits automatically the half share. Greedy eldest daughter got that changed to "tenants in common" when she took her 90+ year old mother to the solicitor to make her will. The half share is then willed to whoever, not automatically inherited by the surviving spouse. This can be done without the 2nd persons agreement or knowledge - unbelievable in English Law. Her mother's only other assets amounted to a paltry £5.000.
PPS apparently some unscroupulous people do this before divorce cases to the other spouse in the U.K.....

Savvy_Sue

Smiley_Lady wrote: »

PS 1 thing I discovered to my horror. My Dad and 2nd wife orriginally had the flat in their names as "joint tenants" the surving spouse inherits automatically the half share. Greedy eldest daughter got that changed to "tenants in common" when she took her 90+ year old mother to the solicitor to make her will. The half share is then willed to whoever, not automatically inherited by the surviving spouse. This can be done without the 2nd persons agreement or knowledge - unbelievable in English Law.

Um... I don't think they can do it without the other person's knowledge. My parents severed their joint tenancy before making their wills, and I seem to remember finding notification from each to the other of this act.