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Can an executor delay paying beneficiaries indefinitely
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He is trying it on big time. Refer him to the case of Arkell v Pressdram.An update. At the time of my original post the house sale had been completed. All debts have now been paid and executor expenses submitted. However, the most 'awkward' executor is now saying that my Father in Law wanted to give his golfing partner £5000. Coincidentally this golfing partner is a good friend of the awkward executor. This 'bequest' is not in the will nor is it in writing anywhere. The executor claims that my Father in Law wanted it handled outside of the estate, which doesn't sound much like my Father in Law. Individually we are talking about a few hundred which will be much cheaper than taking him to court but could the other executors be compromising themselves by agreeing to this.0 -
If there's nothing in the will, and there isn't a letter of wishes (Which isn't legally binding anyway) about this particular bequest, then legally, the golfing mate isn't entitled to receive anything from your later father-in-law's estate. I'd tell him to take a running jump as it sounds like they are trying it on.0
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always the perfect response :T :beer:Yorkshireman99 wrote: »He is trying it on big time. Refer him to the case of Arkell v Pressdram.0 -
The executor is welcome to pay the £5000 out of his own share, but as it is not in the Will, he cannot demand that it is paid from shares of the beneficiaries.0
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We have suggested he pays it but that didn't go well, he is currently refusing to sign off the estate accounts, which is why we are considering paying up. However I will look up Arkell v Pressdram thank you.0
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We have suggested he pays it but that didn't go well, he is currently refusing to sign off the estate accounts, which is why we are considering paying up. However I will look up Arkell v Pressdram thank you.
Don't bother. It's just a way of saying 'F**k off*. It was a case where someone was trying to sue Private EyeAll posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
I looked the case up, very apt but ,sadly, we have already sent him that reply and it has made him more determined to win. He doesn't think we will try to have him removed as an executor as it is too costly and he thinks he can delay signing indefinately until we agree.0
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If hecontinues to refuse then he can be taken to court and be removed and he is likely to get landed with costs. It is certainly worth discussing with your solicitor. Like cost less than the £5K.I looked the case up, very apt but ,sadly, we have already sent him that reply and it has made him more determined to win. He doesn't think we will try to have him removed as an executor as it is too costly and he thinks he can delay signing indefinately until we agree.0 -
You need to get in touch with the solicitor involved and remind them their client is not allowed to pay anything to people not in the will from estate funds and maybe he should have a word with him before the civil courts do..0
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An update. The mention of civil court seems to have done the job and this executor has agreed the distribution of funds. I am just waiting for the next spanner in the works. But thanks to everyone for your support and advice.0
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