Delaying settlement

[Deleted User]

I’m still waiting on my settlement as residual benefactor. It’s 6 weeks before the executors year is up. What do you recommend if it’s not been sorted? Legally where do I stand? Do I have a case at small claims court as it’s not a large amount after debts have been settled?

p00hsticks

Deleted User said:

I’m still waiting on my settlement as residual benefactor. It’s 6 weeks before the executors year is up. What do you recommend if it’s not been sorted? Legally where do I stand? Do I have a case at small claims court as it’s not a large amount after debts have been settled?

Firstly I'd be approaching the executors and asking them to give you an estimate of when they think they may be likely to be in a position to distribute the estate before you start getting legal with them.

As someone currently executing an estate, I'm aware of the 'executors year' but personally am unlikely to be in a position to distribute the residual estate in this timescale, at least partly due to Covid. For one thing since the death in October last year we've had two national lockdowns during which I was unable to visit to go through the deceased's paperwork, and even if I could have there was nowhere open for me to start arranging to clear the contents. Most organisations that I've had to deal with were using covid and people working from home as a reason for a slower than usual service. And if there is any property involved any dealys in obtaining probate will slow down / prevent the sale of the property.

[Deleted User]

Thank you for responding. We have asked on timescales but fobbed off, just delaying completing final bits. We are wondering if they have spent the estate funds, so no more money left to complete the final duties and distribute residual.Who knows!

Marcon

Deleted User said:

Thank you for responding. We have asked on timescales but fobbed off, just delaying completing final bits. We are wondering if they have spent the estate funds, so no more money left to complete the final duties and distribute residual.Who knows!

Winding up an estate can take a lot longer than a year. There is no actual time limit - and few courts would intervene unless the delay became excessive.

Given that you are a residuary beneficiary, you will be entitled to a copy of the estate accounts once matters have been finalised, so you'll be able to see the details then.

For the moment I'm afraid you just need to be patient - never easy!