Executors Will Not Distribute Estate to Beneficiarie

woby39

Good Evening All,


I am hoping someone can advise me on the following.


My mother is a beneficiary in her mothers Will, but not an executor. Her sisters and grandchildren (surprisingly are the only executors).



So 18 months following her death, probate has been granted. And, they are refusing to update my mother with a full account of the estate, they have simply said she will receive a cheque in the post!
The main issue is as follows; there was some issue with inland revenue over money paid to her mother (benefit of some kind) and if some of that money is due back to inland revenue etc. The executors have not stated exactly what that complication is.


2 years on now and my mother having received no updates about the issue with inland revenue and again no list of the estate assets or accounts. Is not getting response from the executors with regards to an update etc had gone to a solicitor to request that they provide accounts of the estate, an update on the issue of inland revenue and also a date for release of her eshare of the estate. They have essentially ignored this.


Question - what can be legally done at this point? My mother is worried they have spent all the monies and that she wont get a penny.


Thanks in advance to anyone with some advice.



Regards
W

SevenOfNine

Is she a residual beneficiary or just a beneficiary. Makes a difference to her seeing the accounts or not (eventually).

Margot123

SevenOfNine wrote: »

Is she a residual beneficiary or just a beneficiary. Makes a difference to her seeing the accounts or not (eventually).

The problem would be with making the executors provide accounts.

As they appear to have ignored a solicitor's letter, the next step would be through the courts. This can be very lengthy and costly, so the amount expected must be weighed up against the costs.

Another chat with a solicitor is called for, just to see what the options and costs are.

SevenOfNine

Margot123 wrote: »

The problem would be with making the executors provide accounts.

As they appear to have ignored a solicitor's letter, the next step would be through the courts. This can be very lengthy and costly, so the amount expected must be weighed up against the costs.

Another chat with a solicitor is called for, just to see what the options and costs are.

If she is merely a beneficiary she has no right to see the accounts, she can of course pay the solicitor to request them again, & the executors can ignore the request again.

Possibly worth a second, perhaps more forceful request IF she is a RESIDUAL beneficiary. Hence the question.

Yorkshireman99

woby39 wrote: »

Good Evening All,


I am hoping someone can advise me on the following.


My mother is a beneficiary in her mothers Will, but not an executor. Her sisters and grandchildren (surprisingly are the only executors).



So 18 months following her death, probate has been granted. And, they are refusing to update my mother with a full account of the estate, they have simply said she will receive a cheque in the post!
The main issue is as follows; there was some issue with inland revenue over money paid to her mother (benefit of some kind) and if some of that money is due back to inland revenue etc. The executors have not stated exactly what that complication is.


2 years on now and my mother having received no updates about the issue with inland revenue and again no list of the estate assets or accounts. Is not getting response from the executors with regards to an update etc had gone to a solicitor to request that they provide accounts of the estate, an update on the issue of inland revenue and also a date for release of her eshare of the estate. They have essentially ignored this.


Question - what can be legally done at this point? My mother is worried they have spent all the monies and that she wont get a penny.


Thanks in advance to anyone with some advice.



Regards
W

Perhaps a final letter before action pointing out that they will be personally liable for interest at High Court Rate, currently 8% if my memory sereves me right plus the costs might get their attention. Obviously only do this is you are prepared to carry out the threat. Hatd ball is the only way after all this time.

antrobus

woby39 wrote: »

....The main issue is as follows; there was some issue with inland revenue over money paid to her mother (benefit of some kind) and if some of that money is due back to inland revenue etc. The executors have not stated exactly what that complication is.

Best guess; your grandmother was claiming some kind of means tested benefit and the assets in her estate suggest she wasn't entitled to do so. The DWP are investigating and working out how much is owed.

When dealing with an estate an executor may receive a letter from the Department for Work and Pensions (DWP) asking for details of the deceased’s assets and liabilities.

The letter will say that you should treat their enquiries as a potential claim against the estate and they will recommend that you do not distribute the estate.

It is very common to receive these letters but they can be a little bit alarming.

https://www.hughjames.com/news/comment/2016/09/dwp-claims-estates/#.Wy6s9qdKiM8

Yorkshireman99

antrobus wrote: »

Best guess; your grandmother was claiming some kind of means tested benefit and the assets in her estate suggest she wasn't entitled to do so. The DWP are investigating and working out how much is owed.

When dealing with an estate an executor may receive a letter from the Department for Work and Pensions (DWP) asking for details of the deceased!!!8217;s assets and liabilities.

The letter will say that you should treat their enquiries as a potential claim against the estate and they will recommend that you do not distribute the estate.

It is very common to receive these letters but they can be a little bit alarming.

https://www.hughjames.com/news/comment/2016/09/dwp-claims-estates/#.Wy6s9qdKiM8

Still no excuse really after this time.

Brynsam

woby39 wrote: »

My mother is a beneficiary in her mothers Will, but not an executor. Her sisters and grandchildren (surprisingly are the only executors).

So 18 months following her death, probate has been granted. And, they are refusing to update my mother with a full account of the estate, they have simply said she will receive a cheque in the post!
The main issue is as follows; there was some issue with inland revenue over money paid to her mother (benefit of some kind) and if some of that money is due back to inland revenue etc. The executors have not stated exactly what that complication is.


2 years on now and my mother having received no updates about the issue with inland revenue and again no list of the estate assets or accounts. Is not getting response from the executors with regards to an update etc had gone to a solicitor to request that they provide accounts of the estate, an update on the issue of inland revenue and also a date for release of her eshare of the estate. They have essentially ignored this.

You've still not responded to the question about whether your mother is a 'residual' beneficiary (i.e. someone who is entitled to a share of 'whatever is left' when all the debt have been settled, tax paid, individual bequests have been paid out etc). If she is, she's entitled to see the estate accounts, but only when the whole process has been completed. I don't understand why a solicitor would agree to write a letter on her behalf asking for them now - I'm not surprised it has been ignored.

The idea of a letter before action is plain silly - funny how people who aren't lawyers always favour legal action!

The DWP and HMRC are notoriously slow to deal with and it sounds as if your grandmother was one of many people who were receiving a means-tested benefit and whose estate has been flagged because they may have received more than their entitlement.

I can understand your mother's anxiety but the timescale really isn't that unusual, although it must feel like an age for someone eagerly awaiting a promised payout. The will is now a public document - buy a copy for £10 and see what her inheritance might be: https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

Just remember there could be all sorts of debts and complications which could delay/reduce what is owing to her.

Yorkshireman99

Brynsam wrote: »

You've still not responded to the question about whether your mother is a 'residual' beneficiary (i.e. someone who is entitled to a share of 'whatever is left' when all the debt have been settled, tax paid, individual bequests have been paid out etc). If she is, she's entitled to see the estate accounts, but only when the whole process has been completed. I don't understand why a solicitor would agree to write a letter on her behalf asking for them now - I'm not surprised it has been ignored.

The idea of a letter before action is plain silly - funny how people who aren't lawyers always favour legal action!

The DWP and HMRC are notoriously slow to deal with and it sounds as if your grandmother was one of many people who were receiving a means-tested benefit and whose estate has been flagged because they may have received more than their entitlement.

I can understand your mother's anxiety but the timescale really isn't that unusual, although it must feel like an age for someone eagerly awaiting a promised payout. The will is now a public document - buy a copy for £10 and see what her inheritance might be: https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

Just remember there could be all sorts of debts and complications which could delay/reduce what is owing to her.

Two years is way beyond, in fact double, the executors year that is considered reasonable for finalising an estate unless there are exceptional circumstances. Where, as in this case, the executor(s) are unreasonable and uncommunicative then beneficiaries have little other recourse but to take legal action. Of course the OP should get a copy of the will from the Probate Office if it is available but unless they are only due to inherit a trivial sum then legal action really is their only way to speed things up.

Sea_Shell

If there was a legitimate reason for the delay (DWP etc), then most 'helpful' executors would keep everyone in the loop, regardless of their legal need to do so.

Radio silence makes people nervous, and they fear that something underhand is taking place....but if you can't get them to respond, after all this time, that would ring alarm bells with me too.

SevenOfNine

Sea_Shell wrote: »

If there was a legitimate reason for the delay (DWP etc), then most 'helpful' executors would keep everyone in the loop, regardless of their legal need to do so.

Radio silence makes people nervous, and they fear that something underhand is taking place....but if you can't get them to respond, after all this time, that would ring alarm bells with me too.

The unhelpful attitude & radio silence may be traced back to the reasoning behind this...!!!8230;..

woby39 wrote: »

My mother is a beneficiary in her mothers Will, but not an executor. Her sisters and grandchildren (surprisingly are the only executors).

In 'normal' circumstances it's fair to wonder why (sadly) that was done, with subsequent avenues of direct communication with the family executors appearing to have been slammed shut.

Looking at original post more carefully, it seems like it took 18 months for probate to be completed (no clue as to why it took so long for that part), & 6 months on from that DWP (most likely) are in the midst of investigating.

In my aunt's very simple case of possible fraudulent claim of one of her benefits, we got the 'investigating do not distribute funds' letter as soon as LoA was granted.

I believe they must send a generic version within the timescale an advertisement in the London Gazette is advised to be placed, & creditors step forward (2 months or so). Presumably the state is considered a possible creditor & the generic letter covers them for however long it takes to investigate.

They can then ask for numerous amounts of paperwork to be obtained from financial organisations, which can take some time to gather together. We only had to acquire 1 bank statement from several years earlier, yet the whole DWP process still took 4 months (only to be told she owed nothing, no fraudulent claim).

I wonder if the "2 years" OP refers to is from date of death, yet the investigation length of time may only be 6 months (so far)? Not that long if it's complex involving numerous benefit claims.