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Benficary rejecting money.

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  • Brynsam
    Brynsam Posts: 3,643 Forumite
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    AnotherJoe wrote: »
    Why does one beneficiary not cashing a cheque affect the others ?

    Because it isn't possible to quantify the final costs of winding up the estate when there may well be further costs due to a solicitor or other professional to sort out the mess being created by the non-responding beneficiary. Any costs are normally a legitimate charge on the estate generally, rather than just on the one individual who appears to be the fly in the ointment.
  • Brynsam
    Brynsam Posts: 3,643 Forumite
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    edited 3 June 2018 at 5:05PM
    Unless I am very much mistaken it is NOT the executor that is a fault but a particularly stupid beneficary. Unlees of course the solicitor is delaying payment to others because of this. Perhaps the OP coild please clarify? TIA Always best to check!

    I think you probably are very much mistaken. The executors need to deal with the situation as they find it, which unhappily includes costs arising from potential beneficiaries who aren't exactly acting in their own best interests. Fees are normally a general charge on the estate in much the same way the cost of tracing someone would be charged to the estate, not taken off the share of the 'missing' person.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    Thanks for correcting me.. I will rte read the whole thread to see if I can understand exectly waht the issue is.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    Brynsam wrote: »
    Because it isn't possible to quantify the final costs of winding up the estate when there may well be further costs due to a solicitor or other professional to sort out the mess being created by the non-responding beneficiary. Any costs are normally a legitimate charge on the estate generally, rather than just on the one individual who appears to be the fly in the ointment.


    So the solicitor retains a small amount to cater for holding this sum in a bank account until such time as the beneficiary claims it and if thats never, so be it. The cost of managing that is hardly going to break the bank if its never claimed.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
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    Except that the executors will still be responsible. The solicitor would need to write to them periodically to update the, so there would be an ongoing cost. And as executors, they have a duty to distribute the estate.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
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    TBagpuss wrote: »
    Except that the executors will still be responsible. The solicitor would need to write to them periodically to update the, so there would be an ongoing cost. And as executors, they have a duty to distribute the estate.


    Hence my thought of 5% to cover a once a year letter.
  • t0rt0ise
    t0rt0ise Posts: 4,478 Forumite
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    Send him a cheque. If he doesn't cash it so be it. Job done either way.
  • LobsterMemory
    LobsterMemory Posts: 439 Forumite
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    t0rt0ise wrote: »
    Send him a cheque. If he doesn't cash it so be it. Job done either way.


    Don't think it is - executors wouldn't have evidence he received it.
  • BrassicWoman
    BrassicWoman Posts: 3,218 Forumite
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    Don't think it is - executors wouldn't have evidence he received it.


    They can photograph the cheque, film themselves putting it an an enelope, and get proof of posting. If they ever need evidence, which they don't, so long as the money is still sitting there all cosy.
    2021 GC £1365.71/ £2400
  • Robin9
    Robin9 Posts: 12,804 Forumite
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    Could the Executors renounce their roles in favour of a solicitor and let him at a cost to the remains of the estate pursue the matter =.
    Never pay on an estimated bill. Always read and understand your bill
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