difficult residual beneficiary

elsien

Hammy21 said:

elsien said:

The solicitor isn’t trying it on, the beneficiary is.

The solicitor is requesting what the beneficiary instructing them has told them to request. They may well have told the beneficiary that it is completely unnecessary, but are still happy to take their money to write the letter. And presumably equally happy to take their money to go through all the accounts, to produce the answer that the OP gave in the first place. 

I wouldn’t be sending them anything. 

elsien said:

The solicitor isn’t trying it on, the beneficiary is.

The solicitor is requesting what the beneficiary instructing them has told them to request. They may well have told the beneficiary that it is completely unnecessary, but are still happy to take their money to write the letter. And presumably equally happy to take their money to go through all the accounts, to produce the answer that the OP gave in the first place. 

I wouldn’t be sending them anything. 

I find it unethical that the solicitor has done this, should they not inform the client of the law rather than just pondering to their petty grievance, he had absolutley to legal basis to request such information from me and he sent the letter without a refernce number on the company headed paper, which i believe is to intimidate me. The solicitor is a friend of the client. 

They may well have informed the client of the law and you have no way of showing that they didn’t. 

Notepad_Phil

Hammy21 said:
... used company headed paper to threaten me with no legal basis for their request, also they supplied no reference number on the letter, so I don't believe the client paid for this letter and i feel like reporting the solicitor. 

I can see the temptation, but personally I'd advise you don't at this stage. If this does go on then you could always do so at a later stage, but at this moment in time I'd just trust that your reply to the solicitor puts an end to the situation.

madbadrob

Hammy21 said:

madbadrob said:

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 

They have been given the accounts, distribution account and 90% of the receipts, as well as the opening and closing bank statements of both the personal bank account and the estate account, along with all receipts from assets sold and obviously invoices from professionals for disposing of the assets. Additionally, they have been offered the opportunity to view all documents at their convenience, supervised by me. The accounts are 100% accurate, I have no worries there. Couldn't care less if they take me to court. I am just checking about the signing of estate accounts, which I now know is not legally required. 

Please dont think I was referring to you in the post you have quoted this is in relation to a question I was asked about 25b of the act KP mentioned.  

In relation to your post above I agree totally that you have provided more than is required for a beneficiary to see.  I would just send him a cheque special delivery so it gets there guaranteed by 1pm the next day (ignoring the weekend) and a signature.  That would suffice for you to have discharged your responsibility as the PR

Rob

Hammy21

Thank you everyone, this forum is great!