Duty of Confidentiality?

Keep_pedalling

Mojisola said:

hog_man said:

There's nothing to hide. It's just that the person concerned (a long term friend of dad in her late 80's) has an irrational hatred of me and will do anything she can to put obstacles in my way. For example, towards the end of my father's life she talked him out of giving me POA which made life difficult for me when trying to arrange/pay for care for him and also threatened to call the police on me several times for no reason at all etc.
Also, in my opinion, she's suffering from some form of dementia so, even if she bothers to listen to what I'm saying (which isn't often), she forgets what she's been told within a short while and I can see myself spending the next month answering questions about each and every transaction on the account, then having to answer them again!!

Given that extra information, I wouldn't send her anything but her share of the estate.

I agree, I think most of us assumed you were talking about a sibling. It does sound like she has A mental health issue so I would simple inform her that she has no right to that information and that you will not respond to any further communications from her.

naedanger

The nelsonslaw link I provided earlier seemed to say that a beneficiary is legally entitled to see all documents relating to the estate (except in one situation, which does not apply in your case).

"The implication of this judgement is that as long as someone can prove that they are a beneficiary of the estate, they are entitled to review documents relating to the estate held by the executor, unless the beneficiary is the other party to litigation."

However it does not actually sound like you have a legal issue - the beneficiary seems unlikely to sue. Therefore it seems more a practical problem. And it sounds like whatever you do will not mollify the person. Therefore I would have thought you either stick to your ground now, and maintain that what you have provided (i.e. the final accounts) is all that you will provide, or you now provide copies of (or agree that she can review) all the documents relating to the estate. Then simply stick to you ground that you will not answer anything further as you believe further discussion will be fruitless. 

Mojisola

hog_man said:

Which is what I've done, along with a copy of the final accounts which she is legally entitled to.
But I need to know if I'm acting legally by refusing to show her the pre date of death bank statements.

No, you're okay to just give the final accounts. 

If a beneficiary was a reasonable person and wanted to see earlier information, it's not unreasonable to let them but it sounds as if the more you hand over to her, the more questions she will raise.

hog_man

naedanger said:
"The implication of this judgement is that as long as someone can prove that they are a beneficiary of the estate, they are entitled to review documents relating to the estate held by the executor, unless the beneficiary is the other party to litigation."

I agree that she is entitled to see documents relating to the Estate and have told her they are available to view if she so wishes. My question is whether bank account statements relating to the period before dad's death are legally Estate documents. I understood that the Estate came into legal existence at the time he died and not before.
Surely I wouldn't be expected to show beneficiaries (for example) his gas bill from six months ago!

hog_man

PS I have already sent her (and the others) a copy of his bank statement which shows the balance at the date of his death, redacted so it doesn't show transactions prior to his death.

jonesMUFCforever

hog_man said:

PS I have already sent her (and the others) a copy of his bank statement which shows the balance at the date of his death, redacted so it doesn't show transactions prior to his death.

Could it be this then; that has made her suspicious?
Without giving out personal details was her bequeath, say the balance of account 12345678 or just a lump sum such as I bequeath Mrs U Nhinged say £1000?
If it was for the balance of the account I can see why it would be reasonable for her to want to see the statement - but if it was for a lump sum - I would ignore her.

Keep_pedalling

naedanger said:

The nelsonslaw link I provided earlier seemed to say that a beneficiary is legally entitled to see all documents relating to the estate (except in one situation, which does not apply in your case).

"The implication of this judgement is that as long as someone can prove that they are a beneficiary of the estate, they are entitled to review documents relating to the estate held by the executor, unless the beneficiary is the other party to litigation."

However it does not actually sound like you have a legal issue - the beneficiary seems unlikely to sue. Therefore it seems more a practical problem. And it sounds like whatever you do will not mollify the person. Therefore I would have thought you either stick to your ground now, and maintain that what you have provided (i.e. the final accounts) is all that you will provide, or you now provide copies of (or agree that she can review) all the documents relating to the estate. Then simply stick to you ground that you will not answer anything further as you believe further discussion will be fruitless. 

That case was not a simple request of documents. The beneficiary in that case was left a portion of a farm, which turned out to be owned by a family firm rather than the testator. 

It is highly unlikely that this beneficiary would take legal action to obtain copies of bank statements, so for the time being the OP should just ignore such unreasonable demands. 

naedanger

Keep_pedalling said:

naedanger said:

The nelsonslaw link I provided earlier seemed to say that a beneficiary is legally entitled to see all documents relating to the estate (except in one situation, which does not apply in your case).

"The implication of this judgement is that as long as someone can prove that they are a beneficiary of the estate, they are entitled to review documents relating to the estate held by the executor, unless the beneficiary is the other party to litigation."

However it does not actually sound like you have a legal issue - the beneficiary seems unlikely to sue. Therefore it seems more a practical problem. And it sounds like whatever you do will not mollify the person. Therefore I would have thought you either stick to your ground now, and maintain that what you have provided (i.e. the final accounts) is all that you will provide, or you now provide copies of (or agree that she can review) all the documents relating to the estate. Then simply stick to you ground that you will not answer anything further as you believe further discussion will be fruitless. 

That case was not a simple request of documents. The beneficiary in that case was left a portion of a farm, which turned out to be owned by a family firm rather than the testator. 

It is highly unlikely that this beneficiary would take legal action to obtain copies of bank statements, so for the time being the OP should just ignore such unreasonable demands. 

Fair enough.

Savvy_Sue

jonesMUFCforever said:

hog_man said:

PS I have already sent her (and the others) a copy of his bank statement which shows the balance at the date of his death, redacted so it doesn't show transactions prior to his death.

Could it be this then; that has made her suspicious?
Without giving out personal details was her bequeath, say the balance of account 12345678 or just a lump sum such as I bequeath Mrs U Nhinged say £1000?
If it was for the balance of the account I can see why it would be reasonable for her to want to see the statement - but if it was for a lump sum - I would ignore her.

I think this is a key question: was her bequest £X amount, or a % of something? 

If it was £X amount and you have paid that, then clearly there's nothing more needs to be said. 

But thinking about it, she seems to be a residuary beneficiary so it must have been a share of whatever's left over. 

Do you know anyone she might listen to? A son or daughter who might persuade her to leave it. 

hog_man

Bequest was 5% of residue.
If it had been a fixed amount, I wouldn't be having these problems as Specific Beneficiaries are not entitled to see accounts!