Executor Witholding monies

MillieN

My Nanna passed in May, probate sorted, flat sold, my Mum is the Executor but has today said her and her husband are withholding my share. If I am named in the will is she able to do this? I was under the impression the solicitor had to transfer the money to each of us named in the will?

Can anyone clarify?

Thanks

Yorkshireman99

MillieN wrote: »

My Nanna passed in May, probate sorted, flat sold, my Mum is the Executor but has today said her and her husband are withholding my share. If I am named in the will is she able to do this? I was under the impression the solicitor had to transfer the money to each of us named in the will?

Can anyone clarify?

Thanks

Any reason given? How are they witholding the money since the executor should be holding the funds?

MillieN

My mum is the executor and wants full control of what I spend it on. I need a horsebox as have 3 horses I compete and buy and sell some and my last box burnt out and the insurance did not pay out, so really in need of another.

Keep_pedalling

If a solicitor is doing the works then they will distribute the estate, but if the executor has just hired then to assist then they can distribute the estate to the beneficiaries.

Have you seen the will, if not get a copy from the probate registry.

https://www.gov.uk/search-will-probate.

Keep_pedalling

MillieN wrote: »

My mum is the executor and wants full control of what I spend it on. I need a horsebox as have 3 horses I compete and buy and sell some and my last box burnt out and the insurance did not pay out, so really in need of another.

Your mother has no right to that whatsoever. Inform her that unless she releases you inheritance to you within the next 14 days, you will take legal action to get it, and that as executor legal costs will fall on her.

PasturesNew

Unless there is a very good reason, e.g. you're 12, or you've been declared unable to manage your own life ... which is all unlikely ... there is no lawful reason for her to do this.

In short: She is not allowed to.

As executor she has to do what it says in the Will, even if it pains her to do so. Even if you'd been the wicked child she'd shunned from her life 40 years ago and your name was not to be mentioned by anybody ever .... as executor that is irrelevant and she has to do what it says in the Will.

No two ways about it: What the Will says, is what she does.

TBagpuss

If you are named in the will then no, she can't withhold it. If the will set up a trust then it's *possible* that this allows your mother the discretion to decide when / what you get, but the will would make that clear.
Have you seen a copy of the will?

MillieN

Ive just sent for a copy of the Will, I am very sure my sister and I are named in it as it has been mentioned many times over the years (she was 101 when she died!)

FreeBear

If a notice has been placed in the Gazette, then it is prudent to wait until six months has passed just in case any unknown debts surface. It is also possible that the DWP may be wanting a repayment of any pension or benefits - They can take their time in reviewing the file before giving a decision.

If neither of the above are relevant, then the executors must distribute the estate in a timely fashion in accordance with the will.

chesky

How old are you?

getmore4less

FreeBear wrote: »

If a notice has been placed in the Gazette, then it is prudent to wait until six months has passed just in case any unknown debts surface. It is also possible that the DWP may be wanting a repayment of any pension or benefits - They can take their time in reviewing the file before giving a decision.

If neither of the above are relevant, then the executors must distribute the estate in a timely fashion in accordance with the will.

a S27 Gazette notice only needs 2 months.

a useful link
https://www.thegazette.co.uk/wills-and-probate/content/299