What is acceptable wording for an executor release

AmaniA

Hello,

I’m one of 3 equal share principal beneficiaries of my mother’s estate all named in the Will.

After 5 years of a very rocky estate administration process, which has included the sole executor (also a beneficiary) being caught stealing thousands of pounds from the estate and consequently being made to pay it back, we are now in the home straights.

99 % of the estate has been distributed and before the final few thousand can be distributed the executor has insisted on beneficiaries signing a release.

I have signed and returned to the executor’s solicitor, who is being paid from estate funds, an acceptance of the final accounts that has this agreement wording:

“I, xxxxxxx, hereby acknowledge to have received from you a copy of the estate accounts dated …………………….2022 and I confirm that I approve those accounts on the basis of the information and documentation that the executor has provided to the beneficiaries relating to the assets and finances of my late mother, the late xxxxxxxxxx deceased.”

The executor has refused to accept this wording from me and has told me I must sign this wording or he will petition the court to sign off the accounts and I will have to pay all the court costs:

“I the undersigned beneficiary of the estate of the late xxxxxx acknowledge that I have received from the personal representative of xxxxxx a copy of the accounts dated xxxxxx which set out the share due to me from the estate ad after carefully examining these accounts I approve them and accept that the balances set out therein represent the true balance of monies due to me and I release and discharge the personal executive from all or any claims I might have or will have I relation to the estate whether contemplated or not and on the facts known or unknown and under present or future law.”

However, the executor confirmed in writing over a month ago that he had accepted this wording as approval of the accounts from the other third share beneficiary:

”Accounts agreed as correct”


Is the wording I’ve signed sufficient as approval and is a court likely to accept it as sufficient? I believe it’s fair and reasonable and the executor has signed a declaration stating the accounts are “complete and correct” so I’m not sure what his justification is now to get the court to approve the accounts.

I believe he’s just angry because I discovered he’d stolen from the estate and had falsified the interim accounts and I also made him gather in and distribute the Estate when he wasn’t doing anything over a year after probate was granted and 2 years after my mother’s death. There have also been a lot of other accounting changes and other errors over the past 5 years and he had to be threatened with court action if he didn’t move out of my late mother’s home or pay rent over 2 years after my mothers death. He had to be forced to put the house, which was left to all 3 of us equally, on the market. 

Also, can an executor accept one approval wording from one beneficiary but impose a more stringent agreement on me?

I know often these things can come down to executor discretion, but all advice welcome, thanks 🙏 

Keep_pedalling

Utter BS from the executor, there is no legal obligation for you to sign anything as a beneficiary and he has no right to hold back the final payment for such a ridiculous excuse. 

Linton

Just to fill out Keep_pedalling's post...

An executor is not required to get the estate accounts signed-off by anyone.  The only requirement is that a copy is given to the residual beneficiaries so they can see how their inheritance was calculated.   I dont see how a court could sign them off as it would not have the knowledge to do so.

AmaniA

Linton said:

Just to fill out Keep_pedalling's post...

An executor is not required to get the estate accounts signed-off by anyone.  The only requirement is that a copy is given to the residual beneficiaries so they can see how their inheritance was calculated.   I dont see how a court could sign them off as it would not have the knowledge to do so.

Thanks Linton and Keep_pedalling 

The executor’s solicitor has advised that there is no obligation for me to sign anything off, however they also advise that if I refuse the executor has the right to petition the court to get sign off. 

If the court then agree I’ve been unreasonable and I cannot prove why the latest accounts aren’t satisfactory, I will have to pay all the court costs. I think unfortunately this is our Justice system… and I’ve checked it and it’s true. 

Of course the court may agree that I had a good reason not to sign and make him pay costs but I can’t really afford to take the risk. Apparently the onus is on me to prove an issue with the current accounts despite past issues and to a point the executor has a right to minimise his financial risk of being sued by a “belligerent beneficiary”.

But, that’s kind of a moot point because I have agreed the accounts and signed what I feel is fair approbal because I could never state without any shadow of a doubt that they are correct because I wasn’t administering the estate. Anything could crop up in the future and he’s already committed fraud.

But despite me signing, the executor is still threatening me with a claim for legal costs for him petitioning the court because I’m not prepared to sign his very unreasonable wording. 

Linton

mmm  I put the situation as I understand it.  However https://allanjanes.com/-Advice-for-Executors-Estate-Accounts#:~:text=Where a beneficiary refuses to,the distribution of the estate. talks about beneficiaries refusing to approve the accounts and the prossibility of the executor going to court to get approval.  On the other hand I have found no other UK references except in the cases where the beneficiary refuses to accept the inheritance which would not seem to be the case here.  There are references from US and Canadian websites where the situation would seem to be different.

So if anyone knows definitively it would be interesting to find out.
 

Linton

This may be relevent: https://trustsdiscussionforum.co.uk/t/beneficiary-indemnity/9556 which follows the line put by Keep_pedalling and supported by myself.

AmaniA

Linton said:

This may be relevent: https://trustsdiscussionforum.co.uk/t/beneficiary-indemnity/9556 which follows the line put by Keep_pedalling and supported by myself.

Thank you for trying to help, it’s very kind.