Conveyancing Solicitors: Distributing Property Proceeds

DancingBadger

I'm the Executor and a also residual beneficiary for an estate where the property was held as Tenants in Common.  Both parties have now died, I'm applying for probate, and the the sale of the house has just been agreed.

Five siblings have been left one quarter of the property only, split equally between them.  One of those siblings has died, so their share will be split between their adult children.  

All very straightforward, except one of the siblings feels "robbed", as one of his sisters will receive substantially more of the estate.  (The reason for this is she did a lot for the person who died for quite a few years while the rest of the family were invisible, only popping up to claim what they considered to be their fair share of the inheritance based solely on being "family".)

The Wills are clear and straightforward and normally I would be happy to make payment directly to the beneficiaries, but the attitude of this one person is making me wary.

Would it be reasonable to ask the conveyancing solicitors to make those payments from the proceeds of sale of the property only to the seven individuals on my behalf?

Keep_pedalling

No, it is your responsibility as executor to do that, and the house is being sold by the estate so the conveyancing solicitor will only pay to the estate administrator. 

DancingBadger

Keep_pedalling said:

No, it is your responsibility as executor to do that, and the house is being sold by the estate so the conveyancing solicitor will only pay to the estate administrator. 

I had a feeling that might be the case.  Any suggestions as to what would be the most foolproof way to pay this particular individual, please?  I have a feeling he'll claim he hasn't received it.

Hoenir

DancingBadger said:

Keep_pedalling said:

No, it is your responsibility as executor to do that, and the house is being sold by the estate so the conveyancing solicitor will only pay to the estate administrator. 

I had a feeling that might be the case.  Any suggestions as to what would be the most foolproof way to pay this particular individual, please?  I have a feeling he'll claim he hasn't received it.

By cheque. Enclose with it a copy of the finalised detailed Estate accounts. 

Keep_pedalling

Hoenir said:

DancingBadger said:

Keep_pedalling said:

No, it is your responsibility as executor to do that, and the house is being sold by the estate so the conveyancing solicitor will only pay to the estate administrator. 

I had a feeling that might be the case.  Any suggestions as to what would be the most foolproof way to pay this particular individual, please?  I have a feeling he'll claim he hasn't received it.

By cheque. Enclose with it a copy of the finalised detailed Estate accounts. 

I agree that would be the best way in the circumstances. 

Savvy_Sue

By cheque, sent by recorded delivery so that he can't claim he never received it. 

DancingBadger

Thank your responses.  I don't think I even have a cheque book any more - and it occurred to me a banker's draft might be the way forward.

My understanding is only residual beneficiaries are entitled to see the estate accounts.  The five siblings are only beneficiaries of the wife's Will.  She predeceased her husband and he changed his Will to exclude four of the five siblings because they didn't visit or contact him after her death.  I'm quite happy to send them a copy of the wife's Will of which they're beneficiaries, but not the husband's Will as they're not mentioned, nor the estate accounts.

It's just the one sibling who's very upset; the others are of the view that it's nice Uncle ****** has remembered them and whatever they receive will be a bonus.

Hoenir

The wills are viewable on line once probate is granted. Totally public. 

If you don't have a cheque book then arrange bankers drafts. Remember to account for the costs before distributing the funds. 

p00hsticks

Savvy_Sue said:

By cheque, sent by recorded delivery so that he can't claim he never received it. 

The advantage of a cheque is that you can see from the bank statement whether it has actually been presented. I'm not sure that a bankers draft would offer the same level of certainty ?    

Hoenir

p00hsticks said:

Savvy_Sue said:

By cheque, sent by recorded delivery so that he can't claim he never received it. 

The advantage of a cheque is that you can see from the bank statement whether it has actually been presented. I'm not sure that a bankers draft would offer the same level of certainty ?    

Entirely up to the receipient whether to deposit it or not. The Executor has fulfilled their duty. 

jsh99

p00hsticks said:

Savvy_Sue said:

By cheque, sent by recorded delivery so that he can't claim he never received it. 

The advantage of a cheque is that you can see from the bank statement whether it has actually been presented. I'm not sure that a bankers draft would offer the same level of certainty ?    

It is my understanding that if a bankers draft isn't cashed after it's validity period then the money is put back into your account.  You can also ask the bank if it has been cashed.