Legal requirements of executor

petgri

I have been executor a number of times, unpaid - I do the best I can for the benefit of friends and family. There is one Beneficiary I do not get on with and I no longer communicate with.

As a beneficiary of a recent will, I have paid this person what is due as a first payment and intend a second payment when debts are settled.

I have no intention of explaining the payments beyond what appears on this person's bank statement. The only explantion I have offerd is Persons will 1st Payment and on the 2nd payment I intended Persons Will Final Payment.

I am assuming that if this person wants to read the will then it can be accessed under the publicly available GRO. Is it a legal rquirement that I explain, this one-to-one? (By the way this person has little contact with other beneficiaries)

I really don't want any direct contact, I just want to do what is right for everyone in terms of money. I have explained thing to other beneficiaries but would like to avoid doing so to this particular person.

Is this OK? I really want no contact with this person, but I am willing to follow the will and pay what is due - I am just not prepared to contact them directly and explain.

My thinking is that a will is public, so this person can find out what is due if they are desperate. Beyond that then they either take it on trust that I have fulfilled the wishes of the will (which I have) or they contact me via solicitors.

Are there any legal requirements that as Executor I (me personally) I have to 'release the will', to explain (in part or in full) any payments?

I can't find any info on LEGAL REQUIREMENTS or DUTIES so would be pleased to have advice on my issue and if there any links to this so much the better.


Happy New Year everyone!

Thanks Jesper

getmore4less

No legal requirements to tell them anything.

In most cases the "inventory and account" should suffice in the first instance for anyone that wants to know.

It's the first thing a court will order if someone has a legitimate interest in the estate accounts.

petgri

My thanks for that. In this case, the accounts are quite simple. Cash at bank, minus funereal expenses, minus any expenses in obtaining/administering probate. A few pluses and minuses. There are then specified amounts to selected people and charities, with the residue split between quite a number of other people.


I'm happy to pass this info to other beneficiaries but not this one person. I'm guessing that if this person does not like my unexplained deposits into their bank account, I could point them towards a solicitor (hopefully at that persons cost) and they could act as intermediary. But I was hoping they would just explain that the will would be available as a public record and that record would also quote size of estate.


Does that sound OK?

Thanks, Jesper

Yorkshireman99

petgri wrote: »

My thanks for that. In this case, the accounts are quite simple. Cash at bank, minus funereal expenses, minus any expenses in obtaining/administering probate. A few pluses and minuses. There are then specified amounts to selected people and charities, with the residue split between quite a number of other people.


I'm happy to pass this info to other beneficiaries but not this one person. I'm guessing that if this person does not like my unexplained deposits into their bank account, I could point them towards a solicitor (hopefully at that persons cost) and they could act as intermediary. But I was hoping they would just explain that the will would be available as a public record and that record would also quote size of estate.


Does that sound OK?

Thanks, Jesper

Unless the beneficiary is a residual one they are not entitled to any information but the will as published that they can buy a copy of if they wish to.

petgri

This beneficiary is a residual one.

Mojisola

petgri wrote: »

I have no intention of explaining the payments beyond what appears on this person's bank statement. The only explantion I have offerd is Persons will 1st Payment and on the 2nd payment I intended Persons Will Final Payment.

I have explained thing to other beneficiaries but would like to avoid doing so to this particular person.

All the residual beneficiaries should be given the same information - a very simple account sheet.

You don't have to have any direct contact with this beneficiary - just post a copy of the accounts to him/her when you send out the money.

petgri

Thank you Mojisola.

Can I ask is that a legal requrement?

Yorkshireman99

petgri wrote: »

Thank you Mojisola.

Can I ask is that a legal requrement?

As stated residual beneficiaries are legally entitled to a copy of the estate accounts and any reasonable answers to questions they may have about them. Regardless of the executors personal feelings the are obliged to carry out the executor’s duties and those include dealing with beneficiaries.

Tom99

Yorkshireman99 wrote: »

As stated residual beneficiaries are legally entitled to a copy of the estate accounts and any reasonable answers to questions they may have about them. Regardless of the executors personal feelings the are obliged to carry out the executor’s duties and those include dealing with beneficiaries.

I agree with the bit in bold but do you know which Act makes it a legal requirement?

Yorkshireman99

Tom99 wrote: »

I agree with the bit in bold but do you know which Act makes it a legal requirement?

Not off hand but executorship is a position of trust and it is implicit, possibly under common law, that the executor will carry out their duties accordingly. No executor should think that they can let their personal feelings interfere with their duties.

SevenOfNine

The wording attached to residuary beneficiaries seems to lean more towards "entitled" & "rules", but this action might be of interest https://www.human-law.co.uk/_cmroot/human-law.co.uk/blog/an-introduction-to-requst-for-inventory-and-account.aspx

I'm wondering why, if you want to minimise all chance of being obliged to communicate at all with this beneficiary, as opposed to just wielding a bit of awkwardness in your role as executor, you don't just stick a copy of the basic accounts in the post.

That way you'll have fulfilled your obligations as executor, & know you can just walk away.