Distributing estate to a beneficiary - Request for paperwork

hobbsy83

Hello,

My mother passed away last year. She died intestate; her only living relatives were me and my brother.

Letters of administration were obtained naming me as the administrator, the estate has now been dealt with, and I have recently distributed the funds into my brother's bank account.

My brother (who no longer lives in the UK) is now demanding that I supply paperwork from a solicitor naming him as a beneficiary and explaining that the money he has received is from an inheritance.

I've been transparent and open through the whole process. I've drawn up the final accounts and provided the letters of administration, the death certificate and a letter from me confirming the amount he received, along with the transfer slip from the bank.

Our relationship isn't the best, so I'm trying to keep it professional, but am I under any obligation to provide him with a letter from a solicitor verifying him as a beneficiary? 

Thanks in advance for any help!

user1977

No, of course not. If he needs something to wave at another party, he can instruct his own solicitor to draft a suitable letter.

hobbsy83

user1977 said:

No, of course not. If he needs something to wave at another party, he can instruct his own solicitor to draft a suitable letter.

Thanks. I thought that would be the case, I’ve tried to be helpful but this just seemed like an odd request!

Linton

Is it an odd request?  If someone in this country receives a large amount of money from abroad the bank will question it and want some evidence hat it is not money laundering. Perhaps the situation is the same wherever your brother lives.  A letter coming from a named UK solicitor could carry particular weight.

Though "demanding" such a letter seems a strange way of doing things, a polite request may have been more appropriate.

stuhse

And an offer to pay 

hobbsy83

Linton said:

Is it an odd request?  If someone in this country receives a large amount of money from abroad the bank will question it and want some evidence hat it is not money laundering. Perhaps the situation is the same wherever your brother lives.  A letter coming from a named UK solicitor could carry particular weight.

Though "demanding" such a letter seems a strange way of doing things, a polite request may have been more appropriate.

Sorry, I should have mentioned that the money was transferred into his UK bank account.

I’d be happy to assist a solicitor if required, I just want to ensure that I’ve carried out my role as administrator to completion.

Thanks

Keep_pedalling

All you are obliged to provide a residuary is a set of estate accounts. I would also provide home with a copy of the letters of administration. If he wants anything else he can pay for it.

BooJewels

hobbsy83 said:

[snip]
I've drawn up the final accounts and provided the letters of administration, the death certificate and a letter from me confirming the amount he received, along with the transfer slip from the bank.

That's already more than you're obliged to do under your role as administrator.  As already mentioned, your brother may have been asked for proof of funds or may need it to transfer funds to where he banks locally, which what you've provided should satisfy.  If he requires more than that, for his convenience, beyond the scope of an administrators duties, then it should be at his expense.  He should have said "could you possibly help me out with this please and I'll cover any costs".

Marcon

hobbsy83 said:

Hello,

My mother passed away last year. She died intestate; her only living relatives were me and my brother.

Letters of administration were obtained naming me as the administrator, the estate has now been dealt with, and I have recently distributed the funds into my brother's bank account.

My brother (who no longer lives in the UK) is now demanding that I supply paperwork from a solicitor naming him as a beneficiary and explaining that the money he has received is from an inheritance.

I've been transparent and open through the whole process. I've drawn up the final accounts and provided the letters of administration, the death certificate and a letter from me confirming the amount he received, along with the transfer slip from the bank.

Our relationship isn't the best, so I'm trying to keep it professional, but am I under any obligation to provide him with a letter from a solicitor verifying him as a beneficiary? 

Thanks in advance for any help!

'Demanding' or simply 'asking'? It's funny how often the word 'demanding' crops up on this website when someone is just being asked to do something they might not want to do!

It's entirely likely that a UK bank would ask for proof of where the funds have come from purely for money laundering purposes. A simple letter from you, with evidence that you were appointed as the personal representative (you have letters of administration) and confirmation that the rules of intestacy were followed should do the trick if that's the purpose. You might also point him to https://www.gov.uk/search-will-probate and suggest he provides that link to whoever is asking for this proof - should be listed by now.

TBagpuss

Did you use a solicitor at all?
IF you didn't, it's not reasonable to expect you to instruct one and they probably couldn't produce a letter anyway as they wouldn't have first hand knowledge.

In which case a brief letter confirming that you did not instruct a solicitor in the administration of the estate so are unable to provide a letter from a solicitor but can confirm in your capacity of administrator that the the sum of £xxx was paid to his account [details] on [date] and the funds were his inheritance following the death of his mother, grant of probate showing you as the named administrator attached.

hobbsy83

TBagpuss said:

Did you use a solicitor at all?
IF you didn't, it's not reasonable to expect you to instruct one and they probably couldn't produce a letter anyway as they wouldn't have first hand knowledge.

In which case a brief letter confirming that you did not instruct a solicitor in the administration of the estate so are unable to provide a letter from a solicitor but can confirm in your capacity of administrator that the the sum of £xxx was paid to his account [details] on [date] and the funds were his inheritance following the death of his mother, grant of probate showing you as the named administrator attached.

We used a solicitor, but only to obtain the grant of letters/probate. It was a fixed fee service that only included prepping the paperwork for the application.

It was a really simple estate to deal with so I didn’t feel the need to get someone to distribute the estate on our behalf.