Beneficiary

Hi Advice please. I'm a beneficiary of a will.
I am aware all financial variables are in. It's all gone through probate. We are awaiting for the house to sell.
Is it possible to request my share that is sitting in an account. My health is poor and would like to make adaptions to my home. 
Or do I have to wait for the property to sell. It
Many thanks 

Comments

  • p00hsticks
    p00hsticks Posts: 14,299 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You'd need to ask the executor whether they are prepared to give you at least a part of your entitlement. It will very much depend on how much you've been left (is it a fixed sum or are you a residual beneficiary), whether there are still debts to be paid,  how much of the assets are available now and how much relies on the house sale. 
  • poseidon1
    poseidon1 Posts: 1,134 Forumite
    1,000 Posts First Anniversary Name Dropper
    looby27 said:
    Hi Advice please. I'm a beneficiary of a will.
    I am aware all financial variables are in. It's all gone through probate. We are awaiting for the house to sell.
    Is it possible to request my share that is sitting in an account. My health is poor and would like to make adaptions to my home. 
    Or do I have to wait for the property to sell. It
    Many thanks 
    Not unless you are the sole beneficiary of the deceased estate. Executors have a duty to act fairly towards all Residuary beneficiaries, and cannot favour one over the others.

    Things might be different if you were beneficiary of a fixed sum pecuniary bequest, those beneficiaries get paid out first, once probate is obtained.

    Presumably you have since received your expected trust distribution mentioned in an earlier post?
  • madbadrob
    madbadrob Posts: 1,417 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    P00hsticks as said much of what I would say here.  

    Just one question you say "I am aware all financial variables are in"  By this are you saying that you have been told all debts have been satisfied and all owed money as been collected?  If this is the case then it sounds like you have a good relationship with ther executors and I would ask them the question

    Rob
  • looby27
    looby27 Posts: 18 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    poseidon1 said:
    looby27 said:
    Hi Advice please. I'm a beneficiary of a will.
    I am aware all financial variables are in. It's all gone through probate. We are awaiting for the house to sell.
    Is it possible to request my share that is sitting in an account. My health is poor and would like to make adaptions to my home. 
    Or do I have to wait for the property to sell. It
    Many thanks 
    Not unless you are the sole beneficiary of the deceased estate. Executors have a duty to act fairly towards all Residuary beneficiaries, and cannot favour one over the others.

    Things might be different if you were beneficiary of a fixed sum pecuniary bequest, those beneficiaries get paid out first, once probate is obtained.

    Presumably you have since received your expected trust distribution mentioned in an earlier post?
    Yes we recieved that
  • maxmycardagain
    maxmycardagain Posts: 5,827 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The executor should share out equally and funds but withold some for potential legal fees
    Now we all know how it felt to play in the band on the Titanic...
  • madbadrob
    madbadrob Posts: 1,417 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The executor should share out equally and funds but withold some for potential legal fees
    In any situation where a debt value as not yet been provided I wouldnt pay anything out in case the costs are greater than the estate or what you save thinking is a reasonable fee

    Rob
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