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    • Spanishomelette
    • By Spanishomelette 10th Apr 18, 9:01 PM
    • 57Posts
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    Spanishomelette
    Suitable wording for letter from Executor to Beneficiaries
    • #1
    • 10th Apr 18, 9:01 PM
    Suitable wording for letter from Executor to Beneficiaries 10th Apr 18 at 9:01 PM
    I am acting as executor for my mother's elderly friend, who died just over a year ago. I applied for Probate and when it was granted I sold the friend's property and am now almost in a position to pay out bequests.

    There are five pecuniary beneficiaries to be paid (and then two residuary beneficiaries) and they are all aware of their bequest in the Will. However, I want to make sure I do things properly (and cover myself if I'm honest!), so wonder if anyone could suggest suitable wording for a letter to each of them when I enclose their payment.

    Presumably I should ask for acknowledgement that they have received their cheque? And what would the consequences be if they didn't acknowledge receipt? I only ask as a couple of them are quite elderly themselves and may not reply!

    Thanks in advance for any help.
Page 1
    • Yorkshireman99
    • By Yorkshireman99 10th Apr 18, 9:15 PM
    • 3,983 Posts
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    Yorkshireman99
    • #2
    • 10th Apr 18, 9:15 PM
    • #2
    • 10th Apr 18, 9:15 PM
    I am acting as executor for my mother's elderly friend, who died just over a year ago. I applied for Probate and when it was granted I sold the friend's property and am now almost in a position to pay out bequests.

    There are five pecuniary beneficiaries to be paid (and then two residuary beneficiaries) and they are all aware of their bequest in the Will. However, I want to make sure I do things properly (and cover myself if I'm honest!), so wonder if anyone could suggest suitable wording for a letter to each of them when I enclose their payment.

    Presumably I should ask for acknowledgement that they have received their cheque? And what would the consequences be if they didn't acknowledge receipt? I only ask as a couple of them are quite elderly themselves and may not reply!

    Thanks in advance for any help.
    Originally posted by Spanishomelette
    Nothing fancy required. Just a polite letter stating the amount and enclosing the cheque for X amount with please could you sign the enclosed receipt. A SSAE would be a good idea.
    • Spanishomelette
    • By Spanishomelette 10th Apr 18, 9:30 PM
    • 57 Posts
    • 33 Thanks
    Spanishomelette
    • #3
    • 10th Apr 18, 9:30 PM
    • #3
    • 10th Apr 18, 9:30 PM
    Thank you Yorkshireman99. Simple is good. I think I was trying to overcomplicate things!
    • Yorkshireman99
    • By Yorkshireman99 10th Apr 18, 9:32 PM
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    Yorkshireman99
    • #4
    • 10th Apr 18, 9:32 PM
    • #4
    • 10th Apr 18, 9:32 PM
    Thank you Yorkshireman99. Simple is good. I think I was trying to overcomplicate things!
    Originally posted by Spanishomelette
    We are simple folk in Yorkshire and don.t waste words!
    • tacpot12
    • By tacpot12 10th Apr 18, 11:57 PM
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    tacpot12
    • #5
    • 10th Apr 18, 11:57 PM
    • #5
    • 10th Apr 18, 11:57 PM
    Your letter to the beneficiaries of the pecuniary legacies should confirm that the payment is from the Estate of xxx. I would also include that it is the full amount of the legacy left to them by xxx, if you are paying full amount.

    Your letter to the residual beneficiaries should similarly confirm that the payment is from the Estate of xxx. I would be tempted to include a brief statement of account to confirm the total value of the estate (after costs), the total of the pecuniary legacies, the residual amount and the beneficiary's share of the residual amount.

    You could send the letters via a "Signed for" Postal Service so that you have evidence of receipt. If any of the beneficiaries are local, you could hand-deliver the cheque and get a signed receipt, or even offer to take the beneficiaries to the bank to deposit the cheque as they are elderly. (The bank branch would probably give you a photocopy of the deposit slip if their customer asks them to do so).
    • Yorkshireman99
    • By Yorkshireman99 11th Apr 18, 2:41 AM
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    Yorkshireman99
    • #6
    • 11th Apr 18, 2:41 AM
    • #6
    • 11th Apr 18, 2:41 AM
    Your letter to the beneficiaries of the pecuniary legacies should confirm that the payment is from the Estate of xxx. I would also include that it is the full amount of the legacy left to them by xxx, if you are paying full amount.

    Your letter to the residual beneficiaries should similarly confirm that the payment is from the Estate of xxx. I would be tempted to include a brief statement of account to confirm the total value of the estate (after costs), the total of the pecuniary legacies, the residual amount and the beneficiary's share of the residual amount.

    You could send the letters via a "Signed for" Postal Service so that you have evidence of receipt. If any of the beneficiaries are local, you could hand-deliver the cheque and get a signed receipt, or even offer to take the beneficiaries to the bank to deposit the cheque as they are elderly. (The bank branch would probably give you a photocopy of the deposit slip if their customer asks them to do so).
    Originally posted by tacpot12
    Residual beneficiaries are entitled to a full set of the estate accounts not just an extract.
    • SevenOfNine
    • By SevenOfNine 11th Apr 18, 12:00 PM
    • 1,256 Posts
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    SevenOfNine
    • #7
    • 11th Apr 18, 12:00 PM
    • #7
    • 11th Apr 18, 12:00 PM
    We plan to send payment by cheque & say something along the lines of cashing the cheque is agreement that the amount is correct.

    Will be sending a full set of accounts, because we can, have nothing to hide, & they'll all be able to interpret what they're sent.
    Seen it all, done it all, can't remember most of it.
    • Yorkshireman99
    • By Yorkshireman99 11th Apr 18, 12:35 PM
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    Yorkshireman99
    • #8
    • 11th Apr 18, 12:35 PM
    • #8
    • 11th Apr 18, 12:35 PM
    We plan to send payment by cheque & say something along the lines of cashing the cheque is agreement that the amount is correct.

    Will be sending a full set of accounts, because we can, have nothing to hide, & they'll all be able to interpret what they're sent.
    Originally posted by SevenOfNine
    All well and good but such a clause has no legal efffect.
    • SevenOfNine
    • By SevenOfNine 11th Apr 18, 5:05 PM
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    SevenOfNine
    • #9
    • 11th Apr 18, 5:05 PM
    • #9
    • 11th Apr 18, 5:05 PM
    All well and good but such a clause has no legal efffect.
    Originally posted by Yorkshireman99
    We know, not bothered.

    The 'legal effect' we'll fall back on is if ANY of 3 beneficiaries have one single negative word to say we'll dump it all in the lap of suitable solicitors, given that 1 of them was seriously misusing his POA over the deceased's finances for the 14 months the deceased was widowed until he died (had dementia), & he knows we know (now), so is busy feigning a nervous breakdown. The other 2 are his adult offspring, they'll know as well if any of them give us the slightest trouble.

    Then he can answer for why, when income FAR exceeded expenditure every single month (to the tune of approx. 180 per week), the bank account was shrinking by the minute!

    Families - who'd have them!
    Seen it all, done it all, can't remember most of it.
    • Yorkshireman99
    • By Yorkshireman99 11th Apr 18, 5:15 PM
    • 3,983 Posts
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    Yorkshireman99
    We know, not bothered.

    The 'legal effect' we'll fall back on is if ANY of 3 beneficiaries have one single negative word to say we'll dump it all in the lap of suitable solicitors, given that 1 of them was seriously misusing his POA over the deceased's finances for the 14 months the deceased was widowed until he died (had dementia), & he knows we know (now), so is busy feigning a nervous breakdown. The other 2 are his adult offspring, they'll know as well if any of them give us the slightest trouble.

    Then he can answer for why, when income FAR exceeded expenditure every single month (to the tune of approx. 180 per week), the bank account was shrinking by the minute!

    Families - who'd have them!
    Originally posted by SevenOfNine
    Which poses the question as what steps have been taken to involve the OPG. I realise it may tricky but despicable acts should not be allowed to go unchallenged if at all possible.
    Last edited by Yorkshireman99; 11-04-2018 at 9:17 PM.
    • Spanishomelette
    • By Spanishomelette 11th Apr 18, 8:27 PM
    • 57 Posts
    • 33 Thanks
    Spanishomelette
    Thank you tacpot12. I will take your advice about saying it is the full amount left to them and will send letters by a trackable service.
    • Spanishomelette
    • By Spanishomelette 11th Apr 18, 8:31 PM
    • 57 Posts
    • 33 Thanks
    Spanishomelette
    Thank you SevenofNine. And I thought I was the only one who was dealing with nightmare family (and not even my own family!). Makes me glad to have been asked to act as Executor . Never again!
    • AnotherJoe
    • By AnotherJoe 11th Apr 18, 10:36 PM
    • 9,058 Posts
    • 9,959 Thanks
    AnotherJoe
    We know, not bothered.

    The 'legal effect' we'll fall back on is if ANY of 3 beneficiaries have one single negative word to say we'll dump it all in the lap of suitable solicitors, given that 1 of them was seriously misusing his POA over the deceased's finances for the 14 months the deceased was widowed until he died (had dementia), & he knows we know (now), so is busy feigning a nervous breakdown. The other 2 are his adult offspring, they'll know as well if any of them give us the slightest trouble.

    Then he can answer for why, when income FAR exceeded expenditure every single month (to the tune of approx. 180 per week), the bank account was shrinking by the minute!

    Families - who'd have them!
    Originally posted by SevenOfNine
    Wouldn't unsuitable solicitors be best?
    • SevenOfNine
    • By SevenOfNine 12th Apr 18, 8:36 AM
    • 1,256 Posts
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    SevenOfNine
    Which poses the question as what steps have been taken to involve the OPG. I realise it may tricky but despicable acts should not be allowed to go unchallenged if at all possible.
    Originally posted by Yorkshireman99
    You're right YM99, we've gone through shock, disbelief, fury, disappointment & been left with sadness. One minute we want him to answer officially for what he's done, (& pay it back from his 'share'), the next we just want to wrap this estate up & distance ourselves from him permanently.

    Husband is aware he also has responsibilities as executor, his brother has effectively cheated the other beneficiaries of thousands (husband & our own son are the other 2 out of 5), but TBH after a personal tragedy 2 years ago, we've neither the heart, energy nor stomach to bring him to book. We just want him out of our lives.

    Sometimes I simply don't understand human nature at all.
    Seen it all, done it all, can't remember most of it.
    • Yorkshireman99
    • By Yorkshireman99 12th Apr 18, 9:11 AM
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    • 3,248 Thanks
    Yorkshireman99
    You're right YM99, we've gone through shock, disbelief, fury, disappointment & been left with sadness. One minute we want him to answer officially for what he's done, (& pay it back from his 'share'), the next we just want to wrap this estate up & distance ourselves from him permanently.

    Husband is aware he also has responsibilities as executor, his brother has effectively cheated the other beneficiaries of thousands (husband & our own son are the other 2 out of 5), but TBH after a personal tragedy 2 years ago, we've neither the heart, energy nor stomach to bring him to book. We just want him out of our lives.

    Sometimes I simply don't understand human nature at all.
    Originally posted by SevenOfNine
    Thank you. I had a feeling that it was something like that. On a personal level I find it intensely frustrating that such dispicable behaviour can go unpunished. I wish there was an easy solution. The LPOA system is over bureaucratic and despite the good intent behind it fails to address what I suspect is a common problem. Mutter, mutter, mutter! In your position I personally would have been tempted to deduct the amount stolen, if known, from the culprit.s share and suggest they sue if they want to. Mutter, mutter, mutter! Rant off!
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