interim payment from inheritance

splitter50

hi i need some advice ,my father died last year left will naming me and my brothers in will probate has been granted last year his house is to be sold and split between us house is sold has got to the stage where contracts will be exchanged soon, we hope....it will be a year from probate granted in oct he left 20k in a bank account , i want to know if i can ask for some money early as we are looking at an eviction notice very soon and theres no way i can pay arrears as i had my pips stopped i was suddenly cured by the DWP , do the executors have a duty to the beneficiaries in exceptional financial circumstances ? is there a way if not i can force it in court ? im just asking for enough to cover the arrears, im due at least 60k as my share

Linton

The executor has the authority to make an early payment to a beneficiary from estate funds. There is no duty to do so, it is up to him/her. They are taking the risk that if it is discovered that the deceased had a large debt and the debt cannot be paid because funds have been distributed they could be personally responsible for paying the debt themselves. So if the executor is a solicitor they may be reluctant to make a large early distribution. Also, the executor should treat all beneficiaries equally. It could cause problems if an early payment was made to one and not be to the others.

i suggest you ask the executor politely giving your reasons.

Flugelhorn

If probate was granted last year and hopefully they put a notice in the gazette, then they should be on the way to distributing the funds. However you can't expect executors to give you funds that aren't there yet - maybe something out of the 20K but not the house sale until they actually have sold it

Keep_pedalling

Speak to the executors, hopefully they should be sympathetic to your situation.

Skiddaw1

I'd get some advice on challenging the PIP decision too (and on the situation with your home) if you haven't already...

splitter50

i have i got a no win solicitor on it its still in the mandatory consideration stage at the moment hes said it could take months just for this part the appeal well could be up to 2 yrs, i asked the executor he said he is going to recommend that the soliicitor make a partial payment. said solicitor will phone me mon,...well see...not holding my breath

Marcon

splitter50 wrote: »

do the executors have a duty to the beneficiaries in exceptional financial circumstances ? is there a way if not i can force it in court ? im just asking for enough to cover the arrears, im due at least 60k as my share

No and no, I'm afraid - but there is nothing to stop them providing you with written confirmation that you are expecting an inheritance which would more than cover the arrears. Would that help the situation with your landlord?

splitter50

i dont know is the short answer we applied to our bank for a small loan based on the money im going to receive ,and they didnt want to know so i would im agine the HA would be they same, its not in the bank so you aint got it and it could take years i think will be the answer from them if the sale fails at the last minuite itll have to go back on the market and start all over again...we took a copy of the will and a letter from the solicitor stating how much im due to receive but Bank didnt want to know all they wanted to know is how much we havegot going in monthly well now its nothing and bills are l piling up....they dont hang around now anything over a months rent and they are threatening possession