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Bond of Caution
Perrinado40
Posts: 6 Forumite
I was wonder if anyone has went through the process of settling an intestate estate which had to take out a bond of caution. My dad died in June without a will and
we are now almost at the confirmation stage after payment of inheritance tax; estate is in Scotland. I thought once confirmation was complete I as executor would be able to distribute the estate (which is myself and my younger brother). My solicitor says I am unable to do this due to the bond of caution and they have to gather and then disperse.
My brother is pretty vulnerable and staying in my dad's house. I wanted to sell this and then help him buy his own forever home. It seems that if I was to sell the home the funds would go directly to the solicitor and we would have to wait until everything else was sold or transferred. My dad had lots of investments with shares (seems it was his successful hobby), in around 50 companies. These shares were not managed by a share management company such as ii, although he did have some investments in a share management account.
The executory assistant managing the estate seems to be telling me I will have to wait until all of these are either sold or transferred before any money can be passed on to me or my brother.
I personally can wait for the funds, but my brother really does need a place to be settled in but obviously selling the house would make him homeless. Has anyone any experience of this or advice?
we are now almost at the confirmation stage after payment of inheritance tax; estate is in Scotland. I thought once confirmation was complete I as executor would be able to distribute the estate (which is myself and my younger brother). My solicitor says I am unable to do this due to the bond of caution and they have to gather and then disperse.
My brother is pretty vulnerable and staying in my dad's house. I wanted to sell this and then help him buy his own forever home. It seems that if I was to sell the home the funds would go directly to the solicitor and we would have to wait until everything else was sold or transferred. My dad had lots of investments with shares (seems it was his successful hobby), in around 50 companies. These shares were not managed by a share management company such as ii, although he did have some investments in a share management account.
The executory assistant managing the estate seems to be telling me I will have to wait until all of these are either sold or transferred before any money can be passed on to me or my brother.
I personally can wait for the funds, but my brother really does need a place to be settled in but obviously selling the house would make him homeless. Has anyone any experience of this or advice?
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Comments
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Would it be an idea to wait until all cash/sale proceeds of assets other than the house have been gathered in?
Your brother stays in the property until this has been achieved and then you sell the house?0 -
That was the plan. I suppose my question would be can you access those funds before the full estate is gathered in? I know where all the shares are held due to doing the IHT and have the share certificates.0
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Is there a reason you are asking here and not checking with the solicitor who, after all, is surely best placed to advise you?Perrinado40 said:That was the plan. I suppose my question would be can you access those funds before the full estate is gathered in? I know where all the shares are held due to doing the IHT and have the share certificates.0 -
Because it a forum and I was looking for some other advice. Cheers for your help.Brynsam said:
Is there a reason you are asking here and not checking with the solicitor who, after all, is surely best placed to advise you?Perrinado40 said:That was the plan. I suppose my question would be can you access those funds before the full estate is gathered in? I know where all the shares are held due to doing the IHT and have the share certificates.0
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