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  • FIRST POST
    • charlie2015
    • By charlie2015 9th Aug 18, 10:14 AM
    • 47Posts
    • 2Thanks
    charlie2015
    final accounts
    • #1
    • 9th Aug 18, 10:14 AM
    final accounts 9th Aug 18 at 10:14 AM
    Hi everyone . I could do with some advice after nearly 5 years we have finally received final settlement from my fathers estate . the letter came from the solicitor through the post . when I rang him up to confirm I had the cheque I asked where the final accounts were he replied that he would have to ask executor for his permission I questioned this as I thought this was a legal obligation. I have now asked twice he now makes out he is not there and promises to reply but never does so. I now believe we are never going to receive the final accounts as there is something amiss . we have had problems all the way along with these executors. where do I stand legally with this .I would like to thank all the people who have given me advise in the past. many thanks.
Page 1
    • Brynsam
    • By Brynsam 9th Aug 18, 11:03 AM
    • 1,740 Posts
    • 1,275 Thanks
    Brynsam
    • #2
    • 9th Aug 18, 11:03 AM
    • #2
    • 9th Aug 18, 11:03 AM
    Generally the only people entitled to the accounts are 'residual legatees' (aka residuary beneficiaries or similar variants).

    It is the executor's responsibility to provide these and the solicitor (who presumably isn't an executor of this estate?) is correct in saying he needs executor consent to send you a copy.
    Last edited by Brynsam; 09-08-2018 at 2:56 PM.
    • Dox
    • By Dox 9th Aug 18, 11:10 AM
    • 1,006 Posts
    • 790 Thanks
    Dox
    • #3
    • 9th Aug 18, 11:10 AM
    • #3
    • 9th Aug 18, 11:10 AM
    If the solicitor was appointed by the executors, they are his clients, not you - and he is correctly keeping his clients' costs down by not dealing direct with you.

    Maybe the time has come to engage your own solicitor if things are in the mess you believe, to discuss whether a formal application for inventory and account should be made? Nobody on this site can know the full facts, so any comments are going to be based on inadequate knowledge.
    • charlie2015
    • By charlie2015 9th Aug 18, 1:13 PM
    • 47 Posts
    • 2 Thanks
    charlie2015
    • #4
    • 9th Aug 18, 1:13 PM
    • #4
    • 9th Aug 18, 1:13 PM
    hi thanks for replys .this is what I need to know are they legally obliged to send final accounts to residual beneficeries thanks
    • Dox
    • By Dox 9th Aug 18, 2:12 PM
    • 1,006 Posts
    • 790 Thanks
    Dox
    • #5
    • 9th Aug 18, 2:12 PM
    • #5
    • 9th Aug 18, 2:12 PM
    If you are entitled to see the estate accounts (and as a residual beneficiary you are), and the executors do not supply a copy upon request once the wind up of the estate has been concluded, you can apply to the Probate Registry for an inventory and account order.
    • charlie2015
    • By charlie2015 9th Aug 18, 3:16 PM
    • 47 Posts
    • 2 Thanks
    charlie2015
    • #6
    • 9th Aug 18, 3:16 PM
    final account
    • #6
    • 9th Aug 18, 3:16 PM
    Hi this is the final payout from estate but it appears they are refusing to send out final accounts to residual beneficeries I am seeking more info before I write to them but almost sure I will get nowhere .many thanks
    • getmore4less
    • By getmore4less 10th Aug 18, 10:43 AM
    • 33,581 Posts
    • 20,313 Thanks
    getmore4less
    • #7
    • 10th Aug 18, 10:43 AM
    • #7
    • 10th Aug 18, 10:43 AM
    hi thanks for replys .this is what I need to know are they legally obliged to send final accounts to residual beneficeries thanks
    Originally posted by charlie2015

    You will see plenty of references saying this is a requirement but no one has come up with any legal basis for it being part of the executors duties to distribute accounts to anyone unless ordered by the court.

    This is the reference I have referring to estate accounts.

    https://www.legislation.gov.uk/ukpga/Geo5/15-16/23/section/25
    • charlie2015
    • By charlie2015 10th Aug 18, 12:27 PM
    • 47 Posts
    • 2 Thanks
    charlie2015
    • #8
    • 10th Aug 18, 12:27 PM
    final accounts
    • #8
    • 10th Aug 18, 12:27 PM
    Hi thanks for reply .so this means they can do whatever they like with account over nearly 5 years with no redress ? . if every thing is above board and correct why would they refuse to send accounts to beneficeries?
    • Brynsam
    • By Brynsam 10th Aug 18, 5:15 PM
    • 1,740 Posts
    • 1,275 Thanks
    Brynsam
    • #9
    • 10th Aug 18, 5:15 PM
    • #9
    • 10th Aug 18, 5:15 PM
    Hi thanks for reply .so this means they can do whatever they like with account over nearly 5 years with no redress ? . if every thing is above board and correct why would they refuse to send accounts to beneficeries?
    Originally posted by charlie2015
    Not correct. Part of the duties of the Personal Representatives (be they executors or administrators) is to produce accounts and send these, if requested, to the residual beneficiaries.

    The link above relates to a further duty - to produce accounts to a court is so required.
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