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Beneficiary Advise
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Suejohnhow
Posts: 6 Forumite
A very close family friend passed away 2 weeks ago. I was informed I was a beneficiary in her will, which I was informed stated I would receive any monies left once everything was paid from her estate. I attended her funeral on Friday and was approached by her brother and sister in law (who said she was the executor of the will) they told me I was very lucky to have been mentioned in the will, as their own children hadn't been, and they handed me a cheque for £1000. She also said this would now relinquish all her responsibilities as the executor. I was still upset about the funeral, and didn't quite take in what had just happened, however after leaving the funeral I have some concerns on how quickly they have been able to distribute this money (they were the drawers on the cheque) does anyone have any advice on whether they think this sounds legal? Or any advice at all?
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Comments
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Who was it that initially informed you? Was it the same person that gave you the money?0
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Your first sentence suggests you are a residuary beneficiary, but getting a cheque so quickly would suggest otherwise, as only small bequests get paid that fast.
If the estate needs to go through probate, then you will be able to get a copy of the will once that is granted, but otherwise there is little you can do.0 -
If you are the residuary beneficiary, you should be shown the estate accounts.
£1000 is a suspiciously round number for the residue of an estate.0 -
I think they are trying to fob you off.
No way they could have sorted the estate.
I would hold off cashing their donation.
If you think they will have to go to probate could wait.
They may not realise it will go public.
There may ne other options depending on background and history.0 -
If you are the residuary beneficiary, you should be shown the estate accounts.
£1000 is a suspiciously round number for the residue of an estate.
Yes, this sounds very suspicious to me too. Only specific bequests are normally in round figures. Looks like an attempt to pay you off hoping you will go away none the wiser.
Do you have any idea of the value of the estate? E.g. did your friend own her own property?0 -
Suejohnhow wrote: »A very close family friend passed away 2 weeks ago. I was informed I was a beneficiary in her will, which I was informed stated I would receive any monies left once everything was paid from her estate. I attended her funeral on Friday and was approached by her brother and sister in law (who said she was the executor of the will) they told me I was very lucky to have been mentioned in the will, as their own children hadn't been, and they handed me a cheque for £1000. She also said this would now relinquish all her responsibilities as the executor. I was still upset about the funeral, and didn't quite take in what had just happened, however after leaving the funeral I have some concerns on how quickly they have been able to distribute this money (they were the drawers on the cheque) does anyone have any advice on whether they think this sounds legal? Or any advice at all?0
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Before condemning the executors, it would be worth checking the will and exactly what the OP was told.
Could there be a misunderstanding? Perhaps it was that the deceased had left a specific £1000 bequest to the OP "after payment of my just debts,funeral etc, etc," and this has been misinterpretted as being "what was left after...etc", rather than IF anything was left after, etc". The executors may just be expediting the process, especially if the estate was small.
Perhaps the executors children--who had not been specified for a specific bequest --were even (indirect) residual beneficiaries but received nothing.
Full info and the will really are needed.0 -
as a beneficiary you should ask to see a copy of the will.
it will be for public view anyway after probate is granted
You may get a letter from the solicitors involved in the deceased estate?
make some enquiries and ask to see a copy of the will as you are named in the document0 -
Before condemning the executors, it would be worth checking the will and exactly what the OP was told.
Could there be a misunderstanding? Perhaps it was that the deceased had left a specific £1000 bequest to the OP "after payment of my just debts,funeral etc, etc," and this has been misinterpretted as being "what was left after...etc", rather than IF anything was left after, etc". The executors may just be expediting the process, especially if the estate was small.
Perhaps the executors children--who had not been specified for a specific bequest --were even (indirect) residual beneficiaries but received nothing.
Full info and the will really are needed.0 -
Sounds highly irregular to me. Handing over cheque at funeral; use of own bank account; trying to make you feel 'lucky' rather than questioning; saying that's the end of the executorship after only 2weeks ... All a bit rum ...
As per #8, it MIGHT be a small and simple estate; say 2 bank accounts and a will consisting of just a few specific bequests of this nature. Executor has 'done and dusted' it all with maximum efficiency.
If you know you're friend's situation was more complex than a couple of bank accounts, then it sounds a bit fishy. If you know your friend had a property, shares or more than about £30k in cash, then the executor would need probate, so can't suddenly be relinquishing responsibility and there's DEFINITELY something a bit odd.
What do you know about your friend's assets and family situation ? I assuming no partner, spouse or children, just sibling(s)? I'd definitely ask for a copy of the will, as a named beneficiary, but what I know might affect how I'd ask for it , or even whether I'd ask another family member about the situation first ...0
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