We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Interest (or so it appears) on cash legacies

Lilio8
Lilio8 Posts: 124
100 Posts First Anniversary Name Dropper Photogenic
Forumite
edited 7 November 2025 at 10:35AM in Deaths, funerals & probate
Good morning All.

I've not posted for a little while as things have been chugging along with some ups & downs. My probate case is almost completed. It's been a journey to hell & back!
I have a question: the cash legacies, cash gifts, have just been distributed to the beneficiaries with some added extra amount (there are 3 of us beneficiaries, me included, I'm the sole executor, there's a solicitor firm involved).  When I calculated x/y, where x is the (small) extra amount received and y is the larger amount (the cash gift), I get = 0.00z for the each of the 3 respective amounts. To me it looks like 'interest%'. Each x amount is different since each of us received a different y amount. One of the beneficiaries asked me about the 'extra' bit.
Why are the extra amounts not part of the 'residuary estate' ?  

Comments

  • poppystar
    poppystar Posts: 1,763
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Forumite
    Probably because, as interest earned after death, it isn’t part of the estate itself. 
  • probate_slave
    probate_slave Posts: 142
    100 Posts First Anniversary Name Dropper
    Forumite
    edited 7 November 2025 at 11:30AM

    If the interest had been bank interest earned during the administration then it would have been added to the residue, as Lilio suggests. However, pecuniary legacies are subject to statutory interest from one year after death until distribution, at a variable rate set by the Court Funds Office, currently 3%. If your friend died in August 2024, the solicitor is obliged to add around ½% to the legacies, and this amount will come out of the residue. It is taxable interest in the legatee's hands, incidentally.


    The rates shown here are more regularly updated than on the government website:

    https://www.footanstey.com/our-insights/articles-news/a-guide-to-pecuniary-legacies-and-statutory-interest/

  • Lilio8
    Lilio8 Posts: 124
    100 Posts First Anniversary Name Dropper Photogenic
    Forumite

    If the interest had been bank interest earned during the administration then it would have been added to the residue, as Lilio suggests. However, pecuniary legacies are subject to statutory interest from one year after death until distribution, at a variable rate set by the Court Funds Office, currently 3%. If your friend died in August 2024, the solicitor is obliged to add around ½% to the legacies, and this amount will come out of the residue. It is taxable interest in the legatee's hands, incidentally.


    The rates shown here are more regularly updated than on the government website:

    https://www.footanstey.com/our-insights/articles-news/a-guide-to-pecuniary-legacies-and-statutory-interest/


    Thank you for your reply. The article is most useful and prompt me to dig further.
    When I did a quick calculation of x/y I obtained 0.006, 0.6%. And using Interest = Principal x Interest Rate x (Time Period in days)/365 , with a little help from an AI friend, the interest rate came to 2.19% (rate in force before December '24) , not 3%.
    Why would the solicitors use 2.19% instead of the current 3%? Just for me to have an idea and be prepared in case I'll be queried further.
  • Not sure I would trust your AI friend here. Without having exact dates, let's say Aug 25th - Nov 7th. 73 days at 3% pa yields precisely 0.6% statutory interest

  • Lilio8
    Lilio8 Posts: 124
    100 Posts First Anniversary Name Dropper Photogenic
    Forumite

    Not sure I would trust your AI friend here. Without having exact dates, let's say Aug 25th - Nov 7th. 73 days at 3% pa yields precisely 0.6% statutory interest


    Ah, yes, you're right! I should have checked CoPilot's calculations. Re-arranging the formula then we have %Interest = (x-extra amount * 365)/y-legacy-amount * 73) = 0.03. Good! Phew! I was a bit worried. Many thanks! 
★ ★ ★ Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 355.8K Banking & Borrowing
  • 254.9K Reduce Debt & Boost Income
  • 456.2K Spending & Discounts
  • 248.3K Work, Benefits & Business
  • 605.9K Mortgages, Homes & Bills
  • 179K Life & Family
  • 263.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.