Some confusion with Solicitor advice

Albermarle

Asking for a friend, so possible that I am not aware of all the facts, but will detail the situation as I understand it.

A daughter is joint executor with a solicitor of her Mothers estate. Probate is all in place. Her Sister is estranged from the family, and her and her family have only been left with minor bequests. The solicitor said they, along with other beneficiaries, would have to be contacted and ID requested, confirmation of current address etc. which makes sense. But he said if just one of them does not reply, ( which is quite possible) then no money can be distributed from the estate until the situation is resolved. So all other beneficiaries could be facing long delays to get any money. I would have thought in this situation beneficiaries could still be paid out, even if the estate was not finalised due to difficulties contacting one or two smaller beneficiaries?

A second point is that the solicitor seems to be insisting that all the estate money be transferred to them, before any is paid out ( whenever that will be ) . Of course a fee will be involved. Could my friend, as joint executor, not handle this herself by opening a suitable estate bank account ? Does the fact that a solicitor is a joint executor mean that they have to handle the distribution of funds to beneficiaries?

Keep_pedalling

No, one beneficiary not responding does not prevent the distribution to the other beneficiaries.

kipsterno1

Is the solicitor concerned that there might be a challenge to the will once they are informed they are getting very little and therefore doesn't want to risk disturbing the funds?

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/81922885#Comment_81922885

It is a good question.

However due to a possible challenge, they have been waiting the statutory 6 months, which will be up soon, before notifying beneficiaries.

The solicitor seems to be saying ( unless there are misunderstandings involved) that even after the 6 months are up, if they have trouble making contact with all the beneficiaries, then it will hold up distribution to other beneficiaries. Maybe they just mean they have to wait a few weeks to give everyone time to respond, but that is not the impression I got from my friend. Once maybe a few more posters have commented, I will recheck the facts anyway.

sheslookinhot

Do not let your friend transfer money in estate to a solicitor.

The situation is simply a no response, from a beneficiary, to confirm address. ID is definitely not required if people are known to your friend.

Should have no effect on distribution of estate to others who have responded.

gplion55

Your friend can open her own executor account and hold the monies there. The solicitor does not have to have control of the funds. She has equal powers and can avoid unnecessary costs this way.

However, apart from any valid expenses it won't be allowed to spend or distribute any funds until the legal position of the estranged or otherwise relatives is established. The solicitor will have to determine and prove this status to your friend. If they have been contacted but do not reply after the probate has been issued for 6 months, a distribution of funds is possible, but, it is still open to challenge by the relatives, depending on their own status and relationship to the deceased as well as conditions of the will.

sheslookinhot

https://forums.moneysavingexpert.com/discussion/comment/81923494#Comment_81923494

What “legal position” of an estranged relative are you referring to ?

The sister has been left an inheritance, it is only confirmation of how that sister receives her inheritance that is in doubt. Nothing to stop full distribution to other beneficiaries of the Will.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81923559#Comment_81923559

Perhaps you should read this thread

https://forums.moneysavingexpert.com/discussion/6659296/inheritance-provision-for-family-and-dependants-act-1975

Albermarle

https://forums.moneysavingexpert.com/discussion/comment/81923916#Comment_81923916

In the case of my friend, nothing has been done until the initial 6 months period after probate expired, in case of a claim from the Sister. This period is nearly over and hopefully nothing will happen in the next few days

AIUI any claim after that 6 month period can only be related to fraud or coercion ( and not complaints about the size of the inheritance for example) . There is no fraud, and a solicitor was used to draft the will so they could vouch that the deceased was fully aware of what the will said, and agreed with it. In addition there is a covering letter from the deceased and their spouse ( also deceased not that long before), explaining why one sister was getting the bulk of the money and one not ( lack of any contact for years- did not even attend the funerals).

So they anticipated that there might be a claim, and prepared for it. So far though nothing and after 6 months, the chance of any kind of successful claim would seem to be zero, so probably a NWNF lawyer would not take it on.

In that case I can not see why once the 6 months is up, that distribution can not commence, even if one or two beneficiaries do not respond to contact ( which was part of my original question) .

sheslookinhot

https://forums.moneysavingexpert.com/discussion/comment/81923916#Comment_81923916

Stepchildren have no legal inheritance rights unless legal adoption has taken place. They should be grateful for being left a legacy.

I would not expect your example to ever see a courtroom.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81924044#Comment_81924044

According to the poster it is running up high legal costs, whether it goes to court or not.

However, this post is not about a step child so that exclusion does not apply.

You queried the sister’s legal rights and that act explains them.