Uncooperative Beneficiary

unagirl

My late father in law's estate has been finalised; the executors have signed off the estate accounts and the beneficiaries have all signed an indemnity waiver, I understand this is to protect the executors against future claims against the estate. 4 weeks ago a copy of the estate accounts were sent to all beneficiaries, for them to sign so that the monies can be distributed. All the beneficiaries except 1 have returned the accounts. This beneficiary has not questioned the accounts, but he has not responded to 2 solicitors letters asking him if there is a problem. Consequently the solicitor holding the money, is refusing to distribute the funds.

Given that the executors are happy, and all beneficiaries, including this rogue one, have signed an indemnity surely the funds can be distributed with 1 share held on account until this beneficiary comes forward.

Thank you for reading.

Yorkshireman99

unagirl wrote: »

My late father in law's estate has been finalised; the executors have signed off the estate accounts and the beneficiaries have all signed an indemnity waiver, I understand this is to protect the executors against future claims against the estate. 4 weeks ago a copy of the estate accounts were sent to all beneficiaries, for them to sign so that the monies can be distributed. All the beneficiaries except 1 have returned the accounts. This beneficiary has not questioned the accounts, but he has not responded to 2 solicitors letters asking him if there is a problem. Consequently the solicitor holding the money, is refusing to distribute the funds.

Given that the executors are happy, and all beneficiaries, including this rogue one, have signed an indemnity surely the funds can be distributed with 1 share held on account until this beneficiary comes forward.

Thank you for reading.

There is no legal requirement for beneficiaries to do what the solicitor is asking. Nor is it any excuse not to distribute the estate. The solicitor needs to be given 14 days to do so court action will follow. Only do this if you are prepared to carry out the threat.

AnotherJoe

Could it be that the indemnity allows the solicitors to shorten the six month time they'll otherwise need to wait ?

SevenOfNine

AnotherJoe wrote: »

Could it be that the indemnity allows the solicitors to shorten the six month time they'll otherwise need to wait ?

The solicitor was employed to prepare the estate accounts, but executors are 3 family members & probate granted in August. I don't think it's the solicitor sitting on the funds, but the executors.

If I were a beneficiary of this estate I don't think I'd sign an indemnity either, judging by some of the other posts from OP, this had an air of contentiousness about it.

Yorkshireman99

AnotherJoe wrote: »

Could it be that the indemnity allows the solicitors to shorten the six month time they'll otherwise need to wait ?

AFAIK this would breach the rules the solicitors have to adhere to, at lleast in spirit, if not letter.