Beneficiary query

Watermelon83

Good evening

I need some advice!

My nanny died in June 2016, due to family rifts, we were not informed and found out a few months later.

I applied for a standing search and nothing came back.

I also applied for a death certificate which I did receive.

Today out of the blue I have received an email from presumably the executor (my aunt) of my nanny’s estate who has said that she has finished finalising part one of the estate and are ready to send cheques to the grandchildren. She asks for my forwarding address.

Upon checking the probate registry again today it appears that probate still hasn’t been applied for and they advised that this payment to the beneficiaries could have been sorted prior to death.

I really wanted to know if this was normal and if I had any rights as to obtaining any further information. Would this be what’s called a precuniary payment?

In the email the executor states they are now ready to deal with part 1 of the estate, I’m assuming that the next stage is selling the house, which would then obviously require probate.

I gave my forwarding address as requested and asked nothing further - do I just leave it like this or should I be asking any other information ?

Any help would be greatly appreciated.

Thank you.

Yorkshireman99

You don't have any legal rights until probate is granted. I wonder what she means by part one one of the estate? It could mean that there is a property to be sold. Perhaps a polite letter asking when probate is likley to be granted might get a result.

Watermelon83

Thank you - i think will mention this

I have limited knowledge of the process so really just checking all is above board

Thank you for taking the time to reply

Margot123

Makes me wonder how you would stand legally if you accept any payment prior to grant of Probate.
Who 'advised that this payment to the beneficiaries could have been sorted prior to death'?

Is the estate likely to be over the Inheritance Tax threshold of £325,000?

I would be asking the executor, who appears to be acting on a will not yet proven, what is actually happening. You do have a right to ask, if someone is offering to send you money, where that money is coming from and under what authority.

Jenniefour

This might be an estate where there is more than sufficient cash to pay out specific bequests now. No harm in writing to ask when probate will be applied for.

Margot123

Jenniefour wrote: »

This might be an estate where there is more than sufficient cash to pay out specific bequests now. No harm in writing to ask when probate will be applied for.

Yes, but what if there is a later claim against the estate? Shouldn't the executor ensure that Probate is applied for prior to distribution in order to protect all involved? Maybe if the will specifies small items of jewellery and sentimental items but cash would be a different matter.

Jenniefour

Margot123 wrote: »

Yes, but what if there is a later claim against the estate? Shouldn't the executor ensure that Probate is applied for prior to distribution in order to protect all involved? Maybe if the will specifies small items of jewellery and sentimental items but cash would be a different matter.

I agree, it's certainly sensible to settle everything after probate has been granted. The person who needs to protect themselves most is the executor and there are plenty of lay executors who do not know how to carry out their duties. In this case, we just don't know whether the executor is well adrift with what they need to do or whether there are specific bequests e.g. named amounts like one thousand pounds, and there are more than ample funds to pay them out now.

Yorkshireman99

I would add how exactly have they got the funds without probate though some banks will allow funds to be claimed on production of the death certificate. In any casew how has the executor going to be able to write cheques unless they have mixed estate funds with their own which is never a good idea.

Tom99

[FONT=Verdana, sans-serif]Do you feel able to politely enquire whether you can have a copy of the will?[/FONT]

konark

I would also look at the timescale. If she died nearly 18 months ago and the executor hasn't even got around to applying for probate
( which will be needed if a house sale is involved) that is very lax. If there is any IHT to pay the taxman will be very unhappy.

Sounds to me that the executor is all at sea or maybe something more sinister. Who has been living in your gran's house rent-free for 18 months?
If it's empty is there any insurance on the house?

YoungBlueEyes

Any chance the cheques came from a joint (ie your nan and aunt) account? The money would pass to the surviving signatory, and your aunt may have paid you from that.
Certainly Lloyds operate this way. If you produce a death certificate and the balance is below £15k, the other named person can distribute the money.
Could you offer to help with part 2 (whatever that is)? That way you would gain access to paperwork etc.