difficult residual beneficiary

Hammy21

Ok, as the solicitor has confirmed they have received my final estate accounts, I will give the check to him and ask him to confirm receipt of it on behalf of their client....does that sound reasonable?

RAS

You'll be able to see if the cheque is cashed, so really only need confirmation that the solicitor has passed the cheque to the beneficiary.

HobgoblinBT

Perhaps include a letter to the remaining unpaid beneficiary taking their action of banking the cheque is deemed to be acceptance of the estate accounts.

doodling

Hi,

HobgoblinBT said:

Perhaps include a letter to the remaining unpaid beneficiary taking their action of banking the cheque is deemed to be acceptance of the estate accounts.

That is legally pointless and won't achieve what you think it would.  The beneficiary is owed the money, they are entitled to it, and you can't unilaterally impose conditions.

Why on earth would you make someone who apparently hates you jump through hoops to get their money when the lowest hassle approach is simply to give it to them?

Hammy21

 Thank you, everyone. I just want this to be over, so I am giving them their check. I will never be an executor again; it is a thankless task, and people can become very nasty over money.

madbadrob

The solicitor is asking for a complete look at the estate incomings outgoings etc because (this is a guess) their client is suggesting that you have not been honest etc.  I disagree with Keep Pedalings view that a beneficiary doesnt have a right to see the accounts.  Intestate estates technically are residual estates and all beneficiaries of residual estates have a right to see the accounts of the deceased that the PR is using to pay the legacies.

Also no payment should have been made to any beneficiary until ALL the beneficiaries have agreed to the accounts being accuarate.  If there is now a claim through the courts and the courts uphold that the PR as made an error they will then have no option but to try and recover the monies from the others or unfortunately fork this out of their own pocket.

As you have paid all the other beneficiaries it may be wise contacting them and forewarning them that there is an ongoing issue and that whilst yoyu have done everything you believe to be correct could they not spend ther legacies until this as been cleared up.  Id assume most would be happy to do this.  

Probate and more so letters of Admon are not jobs id suggest any person do unless they are strong enough to deal with the hassles that may come with it.

As for the OP I would contact the police and ask them to deal with a case of harrassment, the threats etc on social media should be enough for them to start to investigate.  Id also stop dealing with the beneficiary and just deal with his solicitors

Rob

madbadrob

doodling said:

Hi,

HobgoblinBT said:

Perhaps include a letter to the remaining unpaid beneficiary taking their action of banking the cheque is deemed to be acceptance of the estate accounts.

That is legally pointless and won't achieve what you think it would.  The beneficiary is owed the money, they are entitled to it, and you can't unilaterally impose conditions.

Why on earth would you make someone who apparently hates you jump through hoops to get their money when the lowest hassle approach is simply to give it to them?

How can the OP send him his legacy when he refused to accept that the figure the OP says he is owed is being contested by the beneficiary.  The OP is doing just this by sending him the cheque and is warning him that by cashing the cheque she is of the belief he accepts the accounts.  She could make it even harder and remove more of his share (and those of the others who they have already paid) the legal fees by applying to the court for the accounts to be confirmed.  

In reality the OP wants this settled yesterday and its the beneficiary that is holding this up.  

Rob

doodling

Hi,

madbadrob said:

doodling said:

Hi,

HobgoblinBT said:

Perhaps include a letter to the remaining unpaid beneficiary taking their action of banking the cheque is deemed to be acceptance of the estate accounts.

That is legally pointless and won't achieve what you think it would.  The beneficiary is owed the money, they are entitled to it, and you can't unilaterally impose conditions.

Why on earth would you make someone who apparently hates you jump through hoops to get their money when the lowest hassle approach is simply to give it to them?

How can the OP send him his legacy when he refused to accept that the figure the OP says he is owed is being contested by the beneficiary.  The OP is doing just this by sending him the cheque and is warning him that by cashing the cheque she is of the belief he accepts the accounts.  She could make it even harder and remove more of his share (and those of the others who they have already paid) the legal fees by applying to the court for the accounts to be confirmed.  

In reality the OP wants this settled yesterday and its the beneficiary that is holding this up.  

Rob

No, the beneficiary is entitled to their bequest as correctly calculated by the Administrator and the Administrator should be ensuring that they receive it.  Some sort of "full and final acceptance" wording might work in a contractual context where the concept of offer and acceptance applies but a bequest isn't a contract and can't be negotiated in that way.

If the beneficiary wants to make an issue of this then the best option for them is to take the money and then sue the Administrator for the rest.  Fancy words accompanying a cheque won't stop the Administrator being forced by a court to pay more if it is found that they got their sums wrong.

There is no obligation for any beneficiary to agree anything in order to receive an inheritance so placing a requirement to agree the accounts on the beneficiaries is an obstacle that the OP has created - they are holding things up.

( I do of course suggest that executors / administrators agree accounts with beneficiaries but that shouldn't be a prerequisite to anyone getting their inheritance ).

Keep_pedalling

madbadrob said:

The solicitor is asking for a complete look at the estate incomings outgoings etc because (this is a guess) their client is suggesting that you have not been honest etc.  I disagree with Keep Pedalings view that a beneficiary doesnt have a right to see the accounts.  Intestate estates technically are residual estates and all beneficiaries of residual estates have a right to see the accounts of the deceased that the PR is using to pay the legacies.

Also no payment should have been made to any beneficiary until ALL the beneficiaries have agreed to the accounts being accuarate.  If there is now a claim through the courts and the courts uphold that the PR as made an error they will then have no option but to try and recover the monies from the others or unfortunately fork this out of their own pocket.

As you have paid all the other beneficiaries it may be wise contacting them and forewarning them that there is an ongoing issue and that whilst yoyu have done everything you believe to be correct could they not spend ther legacies until this as been cleared up.  Id assume most would be happy to do this.  

Probate and more so letters of Admon are not jobs id suggest any person do unless they are strong enough to deal with the hassles that may come with it.

As for the OP I would contact the police and ask them to deal with a case of harrassment, the threats etc on social media should be enough for them to start to investigate.  Id also stop dealing with the beneficiary and just deal with his solicitors

Rob

So you also disagree with section 25(b) of the Administration of Estates Act 1925? 

madbadrob

Keep_pedalling said:

madbadrob said:

The solicitor is asking for a complete look at the estate incomings outgoings etc because (this is a guess) their client is suggesting that you have not been honest etc.  I disagree with Keep Pedalings view that a beneficiary doesnt have a right to see the accounts.  Intestate estates technically are residual estates and all beneficiaries of residual estates have a right to see the accounts of the deceased that the PR is using to pay the legacies.

Also no payment should have been made to any beneficiary until ALL the beneficiaries have agreed to the accounts being accuarate.  If there is now a claim through the courts and the courts uphold that the PR as made an error they will then have no option but to try and recover the monies from the others or unfortunately fork this out of their own pocket.

As you have paid all the other beneficiaries it may be wise contacting them and forewarning them that there is an ongoing issue and that whilst yoyu have done everything you believe to be correct could they not spend ther legacies until this as been cleared up.  Id assume most would be happy to do this.  

Probate and more so letters of Admon are not jobs id suggest any person do unless they are strong enough to deal with the hassles that may come with it.

As for the OP I would contact the police and ask them to deal with a case of harrassment, the threats etc on social media should be enough for them to start to investigate.  Id also stop dealing with the beneficiary and just deal with his solicitors

Rob

So you also disagree with section 25(b) of the Administration of Estates Act 1925? 

25b is in relation to a PR being required by a court to produce under oath etc.  As I have said residuary beneficaries have a right to be shown the accounts of an estate because they have a right tio kbnow how their share value as been reached.  In regards to an intestate estate, the entitled heirs are all considered residual beneficiaries.  

My one legal error in my response is that the beneficaries do not need to agree that their share of the estate is correct and that they accept it before payout.  That I guess is where myself and others in this industry go beyond what is required.  Would you be happy to received 5k of an estate and not check that the PR is not paying themselves 20k 

An account of the residue of the estate is the only way to show that you  have handled the estate in the correct manner.  So no I dont disagree with 25(b) I disagree with your interpretation of it.  

Residuary beneficiaries are additionally entitled to receive a copy of the estate accounts, once these have been prepared, so that they can see how their share of the inheritance has been calculated from https://www.butcherandrews.co.uk/2022/05/what-rights-do-estate-beneficiaries-have-to-information/

In fact, other than the personal representatives of the estate, usually the only other people who have the right to see an estate’s accounts are the residuary beneficiaries of that estate. from https://www.rochelegal.co.uk/what-rights-do-beneficiaries-have-to-see-information-about-an-estate/

I could get more if you require me to do so.

Rob