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Making a legacy payment to an unknown beneficiary

chat01
Posts: 28 Forumite

Hi,
I am an executor of my fathers Will. I have probate and am now in the process of making some specific legacy payments. All of the beneficiaries in the Will are known to me, bar one.
I need to make a £2,000 payment to, what may be best described, as an estranged distant family member, that lives 300 miles away who I do not know directly, nor have I ever met.
I have been given her contact details (postal address) from another family member who had it 9but has not been in regular contact).
How do I deal with making the payment to this person? How do I even know they still live at that address? Do I write to them and ask them to provide copies of identification (I work in a Bank and I would expect ID (passport/driving licence) to be countersigned by a Bank)? I even think (from looking at a dormant FaceBook account) that she has got married since and her name has changed. How do I know I am making the payment to the right person given that the only details in the Will are a first and last name. I could be overthinking this given the nature of my job!
Should I be getting her to sign some form of indemnity (I guess similar to what we sign as Executors if we are closing accounts without production of Probate)?
Any guidance on what you practically need to do when distributing the actual funds to individuals would be very helpful and appreciated.
Thank you.
I am an executor of my fathers Will. I have probate and am now in the process of making some specific legacy payments. All of the beneficiaries in the Will are known to me, bar one.
I need to make a £2,000 payment to, what may be best described, as an estranged distant family member, that lives 300 miles away who I do not know directly, nor have I ever met.
I have been given her contact details (postal address) from another family member who had it 9but has not been in regular contact).
How do I deal with making the payment to this person? How do I even know they still live at that address? Do I write to them and ask them to provide copies of identification (I work in a Bank and I would expect ID (passport/driving licence) to be countersigned by a Bank)? I even think (from looking at a dormant FaceBook account) that she has got married since and her name has changed. How do I know I am making the payment to the right person given that the only details in the Will are a first and last name. I could be overthinking this given the nature of my job!
Should I be getting her to sign some form of indemnity (I guess similar to what we sign as Executors if we are closing accounts without production of Probate)?
Any guidance on what you practically need to do when distributing the actual funds to individuals would be very helpful and appreciated.
Thank you.
0
Comments
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Does the will say just ‘ Jane Smth’ Or my 2 nd cousin Jane Smith ?
Why can’t you write to her in her maiden name at the address a relative gave you . Tell her she has been left something and see if she replies? I would be happy with a copy of marriage certificate.
People are paying benificaries they don’t personally know all the time .
For me I would have to be very desperate for £2000 to start getting a whole raft of documents certified by a solicitor.0 -
Yes ask for certified copies of ID and proof of address, and explain that if she has changed her name, you will also need proof of that such as a certified copy of her marriage certificate.
Unless you have reason to doubt the family member who told you her address then I don'tthink that you need go beyond thatAll posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
Hi, thank you. Have absolutely no reason to doubt the other family member. Just a little cautious (the banker in me) at handing over funds to someone I don’t know.0
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My condolences on your loss - and the Executor's role is a tough one as you want to get it right, but grief can catch you at the oddest times.
My uncle's Executors required the full ID check even for sums under a grand, so I don't think you are being unduly cautious. Money laundering regs are strict & it'll help break the ice with this mystery relative if you appear on their horizon bearing bad news but offering money and (not unreasonably) asking for evidence of ID to ensure the estate is wound up correctly. [Unless you know the details about the estrangement, stick to as neutral a wording as possible rather than "following his wishes" lest you inadvertently provoke wrath?]
Have you any plan for if relative refuses it? (Other than trying to find husband's name & suggesting there's a modest wad with her name on if she's minded to cooperate?)
I'm afraid as Executor you may have to cope with the fallout of this estrangement & of course congratulate her on her wedding, but all families have their 'eccentrics'.
All strength with carrying out this last task for your father & I am sure you will do him credit.0 -
Ensure that you pay to a bank account only, or via a local solicitor but not directly and as said by others, get identification certifiedI'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.0
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