Belligerent beneficiary

Er17fidge

Hoping for some advice. Husband is executor of father's estate. The 2 other beneficiaries have caused so much trouble, its taken 2 years to finalise. Lying on social media, halting probate, preposterous lies back and fore solicitors etc. Everything was done efficiently and professionally and all accounts sent. The one beneficiary has accepted, the other has accepted but with a footnote " I have the right to still investigate you the executor". It's been an awfully upsetting 2 years and we just want this over. Should he refuse to distribute funds?  We can't have this hanging over us forever? 

[Deleted User]

What reason would he have for refusing to distribute? His role is to distribute funds in accordance with the will - he can't choose to leave people out.

If you don't want this hanging over you forever, then distribute and get it done.

Alter_ego

So long as he remains the executor he must distribute in accordance with the will/probate. It would be sensible to ensure there is a paper trail to prove it in the future if needed.

Er17fidge

We want it over but were advised to get signatures that they were finally happy with the accounts. However, the one beneficiary will never be happy and I fear that they will forever continue with their threats and accusations. Everything is sold, receipts for everything and a fortune on solicitors letters. I suppose just bite the bullet pay out and just hope they will finally quiet down in time. Its not a matter of chosing who to pay, we just want it to be finalised.

Marcon

Er17fidge said:

We want it over but were advised to get signatures that they were finally happy with the accounts. However, the one beneficiary will never be happy and I fear that they will forever continue with their threats and accusations. Everything is sold, receipts for everything and a fortune on solicitors letters. I suppose just bite the bullet pay out and just hope they will finally quiet down in time. Its not a matter of chosing who to pay, we just want it to be finalised.

That might be good advice, but it doesn't necessarily mean it's achievable with nasty characters like this who enjoy making a nuisance of themselves. 

If you've done everything correctly and honestly, it really doesn't matter what they threaten. Get on and distribute the assets and if you get any follow up threats or bluster, send one final communication saying that the matter is now closed - and do not respond to any further nonsense from this individual, however tempting it may be to defend  your husband.

TripleH

If the accounts are signed off by all 3 (even if reluctantly) then send a message asking them to confirm bank details in writing.

When you get the details make the payment keeping copies of payment advice together.

Gather up all paperwork (letters, correspondence, receipts etc) and put in a sealed envelope somewhere safe. If all / a lot done electronically, save emails etc as pdf's and put on a USB stick in the envelope.

Do this all now whilst everything is still fresh in your mind but  don't tell either beneficiary. If there is trouble in the future you have all the paperwork to hand instantly without having a panic scrabble around for information. This will also help you sleep better at night.

Half the game would be the threat and stress of 'possible' action hanging over you, but if your house is in order you secretly wrestle back control.

Keep_pedalling

There is no requirement for any sign off from the beneficiaries. Nothing more to do here other than distribute the estate give them a copy of the accounts, then block any further communication. 

Pennylane

It Er17fidge said:

Hoping for some advice. Husband is executor of father's estate. The 2 other beneficiaries have caused so much trouble, its taken 2 years to finalise. Lying on social media, halting probate, preposterous lies back and fore solicitors etc. Everything was done efficiently and professionally and all accounts sent. The one beneficiary has accepted, the other has accepted but with a footnote " I have the right to still investigate you the executor". It's been an awfully upsetting 2 years and we just want this over. Should he refuse to distribute funds?  We can't have this hanging over us forever? 

It is a total disgrace that nasty minded people can cause all this trouble and upset when your husband has done all he can to carry out his role as executor in an efficient manner. I sympathise. What kind of system is it where somebody can put a stop to the Probate application and not even have to give a reason and all it costs them is 3 quid!!!  This whole business needs looking at but I don’t suppose it ever will.

[Deleted User]

Hi sorry about the distress you have suffered. I’m a residual beneficiary in my late wife’s estate. Her child is the executor and delaying finalising everything so I don’t get the residual amount and accounts. How do I report them for not doing their executor duties. I’ve already spent a fortune on getting them to obtain probate. Can you report them to the probate courts or is it just through a solicitor? Any advice would be appreciated 

getmore4less

Pennylane said:

It Er17fidge said:

Hoping for some advice. Husband is executor of father's estate. The 2 other beneficiaries have caused so much trouble, its taken 2 years to finalise. Lying on social media, halting probate, preposterous lies back and fore solicitors etc. Everything was done efficiently and professionally and all accounts sent. The one beneficiary has accepted, the other has accepted but with a footnote " I have the right to still investigate you the executor". It's been an awfully upsetting 2 years and we just want this over. Should he refuse to distribute funds?  We can't have this hanging over us forever? 

It is a total disgrace that nasty minded people can cause all this trouble and upset when your husband has done all he can to carry out his role as executor in an efficient manner. I sympathise. What kind of system is it where somebody can put a stop to the Probate application and not even have to give a reason and all it costs them is 3 quid!!!  This whole business needs looking at but I don’t suppose it ever will.

It needs to be cheap and simple to stop rouge executors running off with money and property.

There is a fairly simple process to proceed once a caveat is in place but it can be dragged out 

Allow time for the caveator to do their enquiries and you supply any relevant information

Issue a warning if they don't follow through in a reasonable time

Once the warning has been served, the caveator has fourteen days to file a response.  If no response is filed, the caveat ceases to have an effect and a Grant may be issued.

The primary response is an appearance outlining their reasons for the caveat with the will/executor/process

if spurious you can ask for costs to be paid by the  caveator not the estate/executor

different scenario but deals with a caveat where costs were awarded.
https://www.gardner-leader.co.uk/blog/lesson-elliott-v-simmonds-proceed-caution/