Letter to beneficiaries

Doshwaster

I'm just about finished dealing with my late aunt's estate - house is sold, DWP eventually paid off and there are only a couple of bills to to finalise. I'm planning on writing to each beneficiary showing the value of the assets and liabilities and showing how their share was worked out.  Do I need (or is it wise) for me to ask for each beneficiary to sign something in acceptance before sending them their inheritance? Just a little worried that one of them might be argumentative 

tacpot12

I don't think you should ask them to sign anything as this gives them too much power to halt the process. However, I would give them time to look at the estate accounts you are proposing to send, and to raise any issues they have. I would say something like: 

"Please can you review the enclosed accounts within the next two weeks and as I will be distributing the bequests accordingly unless anyone raises any objections in that time." I would send the account to them in the post and keep the proof of posting that the post office can give you. I would also check before you send them that each beneficiary is not away during the two weeks (you might need to do this subtly). 

While this does open the possibility of someone cause a problem, it puts a timelimit on this, so that they need to act promptly. I would expect that anyone with a gripe would raise an objection if you invite them to do so, but as executor you can expect them to provide you with evidence of anything they assert, and if they cannot do so promptly, you have a duty to distribute the estate.

Doshwaster

Good thinking, thanks. The only beneficiary I'm worried about is the sort who will query every line in the statement

I will be pleased when this is all over. It's taken almost 9 months from start to finish. I've told my mum that she's not allowed to die for at least a few years as I don't want to go through all of this again. The DWP were the worse to deal with - months of exchanging letters before they decided that there was a small amount of Pension Credit to repay.

tacpot12

They might query every line on the statement, but you need to ask them what evidence do they have that the number on the statement is not correct. You presumably have some evidence; they might not like it, they might not agree with it, but until they provide evidence that it is not correct, you have a right to use it to pay out the estate if you are confident that your evidence is correct. 

It might be as well to go into this final hurdle with an open mind. Nine months is not that long in terms of Probate . They might spot an error, or provide you with some information you didn't have, which will allow you to avoid having to make any adjustments down the line.

Letting the other beneficiaries know that "the awkward one" has thoroughly checked over the statement might reassure them and give you less hassle overall. 

Good luck. I'd be interested to hear how you get on.

getmore4less

Presumably any beneficiary that may have had relevant information was polled during the enquiry stage in preparing the inventory and account so there should be no surprises.

Marcon

Doshwaster said:

I'm just about finished dealing with my late aunt's estate - house is sold, DWP eventually paid off and there are only a couple of bills to to finalise. I'm planning on writing to each beneficiary showing the value of the assets and liabilities and showing how their share was worked out.  Do I need (or is it wise) for me to ask for each beneficiary to sign something in acceptance before sending them their inheritance? Just a little worried that one of them might be argumentative 

You only need to do that if they are all residual beneficiaries. Nobody else is entitled to sight of the estate accounts, nor do you as executor have to enter into correspondence about it.

As commented above, don't ask them to sign something saying they agree. It's your job as executor to ensure the amount is right, and if anyone argues, politely but firmly tell them that.

Doshwaster

tacpot12 said:

Good luck. I'd be interested to hear how you get on.

Turns out that the potentially troublesome relative was no problem at all. I did send everyone a copy of the estate accounts but she was just happy that she got some money and that I had done all of the work over the last 9 months. 

Everything is settled now. A bills paid and the estate distributed.