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Executor powers
Floyd_D
Posts: 7 Forumite
How much information do I legally have to provide the beneficiaries?
And what is the current legislation covering the administration of estates? (apologies if I have broken any rules by asking two questions, I'm new to this).....also thank you for any replies, they will be gratefully received.
And what is the current legislation covering the administration of estates? (apologies if I have broken any rules by asking two questions, I'm new to this).....also thank you for any replies, they will be gratefully received.
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Comments
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As a minimum you should provide the residual beneficiaries of the estate, with a full set of accounts once the estate has been wound up. If it!!!8217;s a complex estate that is going to take some considerable time to wind up then it is probably a good idea to provide accational updates, but there is no legal obligation for you to do so.
You night find this guid useful.
https://www.ageuk.org.uk/globalassets/age-uk/documents/information-guides/ageukil8_how_to_be_an_executor_inf.pdf0 -
[FONT=Verdana, sans-serif]As far as legislation is concerned you could start with these Acts:[/FONT]
[FONT=Verdana, sans-serif]Administration of Estates Act 1925:[/FONT]
[FONT=Verdana, sans-serif]https://www.legislation.gov.uk/ukpga/Geo5/15-16/23/contents[/FONT]
[FONT=Verdana, sans-serif]Inheritance Tax Act 1984:[/FONT]
[FONT=Verdana, sans-serif]https://www.legislation.gov.uk/ukpga/1984/51/section/104[/FONT]
[FONT=Verdana, sans-serif]Wills Act 1837:[/FONT]
[FONT=Verdana, sans-serif]http://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/contents[/FONT]0 -
There is no legal requirement to provide anything.
The will becomes a public document if you obtain a grant so no point in withholding that.
If someone applies to the court then in most cases where there is a legitimate interest the court will order a Inventory and account be produced.
This can be very basic and subsequent orders can result in more detail and explanations of decisions made.
IT is recommended that interested parties are furnished with enough information to satisfy their interest.0 -
Thank you all for the incredibly helpful replies and links provided within.
I am Executor of my Father's estate. despite providing regular updates to all beneficiaries, my sister continues to contact my solicitor to ask for information on moneys charged to the estate. As this incurs more costs due to her use of our solicitor's time thereby depleting the estate somewhat, am I within my legal right to ask her not to contact said solicitor?0 -
Or just instruct your solicitor not to deal with anyone but you.0
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Thank you all for the incredibly helpful replies and links provided within.
I am Executor of my Father's estate. despite providing regular updates to all beneficiaries, my sister continues to contact my solicitor to ask for information on moneys charged to the estate. As this incurs more costs due to her use of our solicitor's time thereby depleting the estate somewhat, am I within my legal right to ask her not to contact said solicitor?
You say our solisitor, does that mean she is also an executor?0 -
If you are the executor, what is the solicitor doing ?0
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Is your sister also a client on behalf of the estate?
Is the solicitor a joint executor?
if not then you are the client on behalf of the estate [STRIKE]ask[/STRIKE] tell the solicitor to bill your sister separately for any work done for her not part of the estate administration or instructed by the you.0 -
getmore4less wrote: »There is no legal requirement to provide anything.
Yes there is - the residuary beneficiary(ies) are entitled to see the estate accounts once the job's been done.0 -
Thank you all for the incredibly helpful replies and links provided within.
I am Executor of my Father's estate. despite providing regular updates to all beneficiaries, my sister continues to contact my solicitor to ask for information on moneys charged to the estate. As this incurs more costs due to her use of our solicitor's time thereby depleting the estate somewhat, am I within my legal right to ask her not to contact said solicitor?
You say 'my solicitor' and then 'our solicitor' - which is it? If you are the sole executor, you are certainly entitled to ask her not to contact him (and explain why). If she chooses to ignore you, make sure your solicitor knows he should only deal with you and you will relay information to your sister as you see fit. Make it clear you will not meet any fees in connection with direct dealings your solicitor has with your sister which are contrary to this instruction. That should concentrate the relevant minds!0
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