Received cheque from executor

SevenOfNine

Some of the on-line contentious probate legal firms give a free, short, consultation. But be mindful of the No Win, No Fee, as if you lose there may be costs awarded against you, which you will have to pay.

As MumofTwo has said, there should have been a Deed of Variation, to which all the beneficiaries who would get a lesser share would have to agree to, before the executors gave it away to their mother.

I would probably write to all the executors, pointing out their legal obligations (some help with that here & many other similar sites https://probaters.com/probate-explained/duties-of-executors/ ).

Advise them that you have not banked your inheritance given that you believe they have not acted in accordance with the Will, as is their legal duty. Give them 2 weeks to rethink their position, but there's no point making threats regarding legal action if you're not prepared to follow it through - but maybe worth a hint or two that you're considering it.

I'm a bit curious as to their reasoning to just hand over £14k to their mother. What is her situation now? Even if you do agree that perhaps she deserves the £14k, it was not handled correctly & that needs to be addressed.

onwards&upwards

Yeah they’ve done stuff wrong, but you’ve got a free car and a lump sum you didn’t need to earn. Do you really begrudge the dead man’s partner getting a bit extra?

Be glad of your windfall and move on!

SevenOfNine

onwards&upwards wrote: »

Yeah they’ve done stuff wrong, but you’ve got a free car and a lump sum you didn’t need to earn. Do you really begrudge the dead man’s partner getting a bit extra?

Be glad of your windfall and move on!

Not the slightest comprehension of the responsibilities & LIABILITIES that go with the role of executor then!

6Stringer

Thanks MumOf2 and SevenOfNine for your very helpful replies.

Onwards&Upwards i will indeed 'move on' and address in this post the members who actually want to help!

The executors and their family have a very shady past. They have duped others over the years and i do not want to become a part of that list.

It is not really about the £3500. I want them to realise that they have not executed the will correctly and are accountable for it. It would not vex me if all the £3500 got eaten up sorting this.

The whole family treated my Uncle terribly towards the end of his life. They even got him to change his will last minute. The fact that i was included in his will has always irked them somewhat. The executors have made it difficult for me to contact them all along. Only after they issued me with the cheque would they give me their phone numbers. I have had to go through their Mother (call or text) to make contact with them. It has all been very cloak and dagger.

They are an affluent family. Their Mother lives with them. I know my Uncle had 2 life insurance policies both payable to her. I have seen one letter regarding a payout of £2400 but not for the other. There is no way she would need the money and do not feel greedy to claim for my share of the cash not included in the 'pot'.

They compiled the Estate Accounts after they gave me the cheque. I could not understand how they knew the amount to write on my cheque if they had not produced Estate Accounts.Now it makes sense because all they have given me is a 25% share of the property that was sold. No documents were included with the cheque. The cheque was hand delivered to my mothers address not mine. At no point has any correspondence been delivered to my address.

They showed me cheque stubs with the same amount as written on my cheque. They would not let me hold the cheque book to see for myself. I suspect, as i said above, that they in fact have issued the other beneficiaries with larger amounts. At no point did i see any proof that the £14k was transfered to their mother.

I will write to them as you have suggested. This will indeed cause ill feeling but they need to know that they have acted incorrectly as executors.

They also said that they do not have to send any documents back to the Government because the total amount is under £325,000. That is not correct surely. Do they have to send back Estae Accounts etc.?

Sorry for the long post but i thought some background history might make a difference.

Thanks again.

onwards&upwards

SevenOfNine wrote: »

Not the slightest comprehension of the responsibilities & LIABILITIES that go with the role of executor then!

Only an issue if the OP chooses to pursue it.

Sea_Shell

Personally, I'd bank the cheque asap, just in case there are any more shenanigans on the issuing account!!! What if it bounces!!??

I'd then write a "put the wind up them" letter, to make my point about the way the estate has been incorrectly handled.

I'd then walk away.

Flugelhorn

6Stringer wrote: »

They also said that they do not have to send any documents back to the Government because the total amount is under £325,000. That is not correct surely. Do they have to send back Estae Accounts etc.?

.

You don't have to send anything back to the govt/ probate office - as executor you promise to do what you are legally supposed to do and left to get on with it.

Just thinking - up until last year you had to swear an oath, either at the solicitors (complete with hand on bible), or at the probate office, made it seem v serious business and you were trusted to do things properly - maybe now it is just a tick in the box, people don't appreciate the duties and responsibilities they have been given.

SevenOfNine

Sea_Shell wrote: »

Personally, I'd bank the cheque asap, just in case there are any more shenanigans on the issuing account!!! What if it bounces!!??

I'd then write a "put the wind up them" letter, to make my point about the way the estate has been incorrectly handled.

I'd then walk away.

Actually, Sea Shell has made a good point. Perhaps state that banking the cheque does not indicate that you are satisfied with their accounts, nor the accurate division of the estate in accordance with the will. Not sure if the words "without prejudice" might cover encashment of the cheque, & ensure you retain your right to further payment later.

I don't believe this is about additional money, it's about them not meeting their responsibilities as executors, & that you're aware of it & YOU will decide how far to pursue this.

6Stringer

SevenOfNine You are absolutely correct. It is not about the additional money!

Making the executors aware of their shortcomings is at the top of my list.

May i ask you a favour? Could you give me an idea of how to word/format the letter that i need to send the executors?

Thank you

lukewarn

For £3,500 I would not bother writing to the execs - why stir a hornet's nest further ?

If it gets nasty and you involve solicitors your £3,500 will soon be eaten up.
As others have said, move on with your life and get your cheque banked asap.