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Executor Witholding monies
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ha ha, 18 plus another 30 yrs!0
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If a person is incapable of managing their affairs or has a mental health issue then perhaps money could be withheld.
Otherwise, I suggest you send a letter requesting information why your inheritence is being withheld.0 -
If a person is incapable of managing their affairs or has a mental health issue then perhaps money could be withheld.
Otherwise, I suggest you send a letter requesting information why your inheritence is being withheld.
Then it would need a formal decision specific capacity assessment. Mum can't unilaterally decide "you're not well, you're not having it."All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
The capacity of the beneficiary is not the responsibility of the executor. In particular the executor is unlikely to be qualified to judge.0
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The OP still hasn't confirmed that they have seen the will. At the moment their inheritance is based on the assumption that they have been left something.
Hypothetically perhaps the mother has inherited everything but is choosing to gift sums of money to various relatives. In this instance she delay can the OP's gift as long as she wants.
Although the above is unlikely, the OP must see in writing what the will states before they can start making demands.
Once you have concrete evidence you are being denied what is rightfully yours, put aside the mother/daughter relationship and make sure the executor is aware of their legal obligations.0 -
You need to follow several steps before making any accusations, claims etc.
Firstly, check you are actually included in the will, what specific legacies you have been left, and if you are entitled to any residue (left over money).
Executors have at least 12 months to distribute the funds, providing they treat all beneficiaries with equal respect. They cannot decide who should have what, or when, it is not their money.
Also, if a beneficiary has a bankruptcy order against them, they cannot lawfully pay them until the creditors are paid (not saying this is your case!).0 -
Strictly speaking the executors must distribute the estate as soon as they are able to do so. There is no fixed period. Of course it is axiomatic that the OP needs to see a copy of thevwill that can be obtained from the Probate Office.You need to follow several steps before making any accusations, claims etc.
Firstly, check you are actually included in the will, what specific legacies you have been left, and if you are entitled to any residue (left over money).
Executors have at least 12 months to distribute the funds, providing they treat all beneficiaries with equal respect. They cannot decide who should have what, or when, it is not their money.
Also, if a beneficiary has a bankruptcy order against them, they cannot lawfully pay them until the creditors are paid (not saying this is your case!).0
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