Can the executors of a Will refuse to pay a beneficiary (Scotland)?

DIYGirlz

My father passed away. I am winding up his estate. My sister and I are executors. It has come to light that one beneficiary who was a "carer" to my father has siphoned off at least £100k in cash withdrawals - she had his bank card/PIN to do shopping. She claims he gave permission. She also did large grocery shops courtesy of my father's bank. He amended his Will shortly before he died to leave her some money. Before this was uncovered and before my father died, he confided in me that he felt things "were not right" with the carer and he felt intimidated and bullied. It's a long and upsetting story but I want to know where I stand, as an executor as regards refusing to pay anything to this beneficiary on the grounds that she has abused her position as (self appointed) carer. The police reviewed the evidence and agree that this does not look good for the carer (who immediately appointed herself a defence solicitor and gave a "no comment" interview) however the police said that, despite the sums involved, it is not in the public interest to prosecute. 

sheramber

Did you consult a solicitor as advised in your previous post
https://forums.moneysavingexpert.com/discussion/5862140/fathers-will-changed-under-duress#latest

Keep_pedalling

You can certainly hold the inheritance back until you resolve the issue of the missing money. What action have you taken about that?

Marcon

Keep_pedalling said:

You can certainly hold the inheritance back until you resolve the issue of the missing money. What action have you taken about that?

Not necessarily. This has been dragging on for nearly 3 years so the executors should have taken civil action by now if they wished to pursue the matter. In the absence of any formal attempt to 'resolve' matters, they can't just drag their heels indefinitely while they dither.