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  • FIRST POST
    • KK14
    • By KK14 14th Apr 19, 7:14 PM
    • 8Posts
    • 4Thanks
    KK14
    Advice please re interim payment?
    • #1
    • 14th Apr 19, 7:14 PM
    Advice please re interim payment? 14th Apr 19 at 7:14 PM
    Is an executor able to make a small interim payment to
    the main beneficiary ahead of probate being granted?

    I am the main beneficiary of my mumís will. The executor is a family friend of my mum who knows nothing of her personal finances etc, nor did he see her in her final year of life.
    So I have been helping him piece everything together, he lives 1.5 hrs away so not on the doorstep, English is not his first language & obviously it is in my interest to help him
    as it will help me.
    My mum left a Will.
    Her estate is not subject to Inheritance Tax
    The banks are releasing £33k to an account the executor has ahead of probate been granted as it falls under their limits.
    Funeral expenses will be taken care of from that.

    He will do the online probate form once the funds hit as he can make the £215 payment from that.

    I am happy to sign in writing that I have the payment but can he actually give me it legally or not? If he canít then I will have to try to get an overdraft or a loan.
Page 1
    • KK14
    • By KK14 14th Apr 19, 7:25 PM
    • 8 Posts
    • 4 Thanks
    KK14
    • #2
    • 14th Apr 19, 7:25 PM
    • #2
    • 14th Apr 19, 7:25 PM
    I will add that probate is required as my mum’s bungalow which I have inherited will be sold. There is no mortgage on it.
    • Savvy_Sue
    • By Savvy_Sue 14th Apr 19, 8:37 PM
    • 39,720 Posts
    • 36,878 Thanks
    Savvy_Sue
    • #3
    • 14th Apr 19, 8:37 PM
    • #3
    • 14th Apr 19, 8:37 PM
    You are the main beneficiary: who are the others, and how much are they getting (roughly) in proportion to the total value of the estate / compared to you?

    I'd say that has some bearing on the question. He can legally make an interim payment, but it is sometimes discouraged if there's a risk that the remaining payments might not be able to be made because debts come out of the woodwork.
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    • Keep pedalling
    • By Keep pedalling 14th Apr 19, 9:01 PM
    • 6,289 Posts
    • 7,260 Thanks
    Keep pedalling
    • #4
    • 14th Apr 19, 9:01 PM
    • #4
    • 14th Apr 19, 9:01 PM
    I would not distribute anything to residual beneficiaries until I had dealt with minor beneficiaries.
    • KK14
    • By KK14 14th Apr 19, 10:45 PM
    • 8 Posts
    • 4 Thanks
    KK14
    • #5
    • 14th Apr 19, 10:45 PM
    • #5
    • 14th Apr 19, 10:45 PM
    The other beneficiaries are getting money which is covered by the money in my mum’s bank accounts.
    Beneficiary payments run from 2 x £10k payments to £1000 & £500.
    So there will be £5k left which is then mine so I am the main beneficiary money wise & the property is valued at £200k.
    I am only asking for £500 in advance as I know there might be other payments from the estate & the selling of the bungalow so i’m not leaving the account short but I don’t know whether the executor will agree to my request.

    My logic says the money is there & is cheaper than me getting an overdraft or applying for a loan but I don’t want to get the executor in trouble legally.
    • Dox
    • By Dox 15th Apr 19, 10:09 PM
    • 1,334 Posts
    • 993 Thanks
    Dox
    • #6
    • 15th Apr 19, 10:09 PM
    • #6
    • 15th Apr 19, 10:09 PM
    Technically the executor shouldn't distribute anything until probate has been granted, but there is no law saying they can't if they decide to do so. Most won't, because they will be personally liable if anything 'goes wrong' and right people don't get the right amounts.
    • Socajam
    • By Socajam 15th Apr 19, 10:56 PM
    • 163 Posts
    • 179 Thanks
    Socajam
    • #7
    • 15th Apr 19, 10:56 PM
    • #7
    • 15th Apr 19, 10:56 PM
    How about have the funeral home send the invoices to the executor who will then pay the bills.
    • Socajam
    • By Socajam 16th Apr 19, 1:36 AM
    • 163 Posts
    • 179 Thanks
    Socajam
    • #8
    • 16th Apr 19, 1:36 AM
    • #8
    • 16th Apr 19, 1:36 AM
    How about have the funeral home send the invoices to the executor who will then pay the bills.

    Sorry for the double post.

    My sister was the Administrator for my mom's estate and she was able to pay the funeral home from the bank account.
    • Yorkshireman99
    • By Yorkshireman99 16th Apr 19, 5:36 AM
    • 5,238 Posts
    • 4,435 Thanks
    Yorkshireman99
    • #9
    • 16th Apr 19, 5:36 AM
    • #9
    • 16th Apr 19, 5:36 AM
    Is an executor able to make a small interim payment to
    the main beneficiary ahead of probate being granted?

    I am the main beneficiary of my mumís will. The executor is a family friend of my mum who knows nothing of her personal finances etc, nor did he see her in her final year of life.
    So I have been helping him piece everything together, he lives 1.5 hrs away so not on the doorstep, English is not his first language & obviously it is in my interest to help him
    as it will help me.
    My mum left a Will.
    Her estate is not subject to Inheritance Tax
    The banks are releasing £33k to an account the executor has ahead of probate been granted as it falls under their limits.
    Funeral expenses will be taken care of from that.

    He will do the online probate form once the funds hit as he can make the £215 payment from that.

    I am happy to sign in writing that I have the payment but can he actually give me it legally or not? If he canít then I will have to try to get an overdraft or a loan.
    Originally posted by KK14
    Unless there are exceptional circumstances you should not distribute anything. Payments of funeral expenses is usual. You should remember as executor you are personally liable if you get it wrong. If in doubt don’t. It is amazing how greed takes over when a will appears.
    • SeniorSam
    • By SeniorSam 16th Apr 19, 9:33 AM
    • 1,219 Posts
    • 631 Thanks
    SeniorSam
    KK14, You can not make any payments and the estate needs to be dealt with by the Executor only, as he is legally responsible, as already mentioned. The executor account is for dealing with the administration, so you need to wait until the right time.
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, so my comments are just meant to be helpful.
    • badger09
    • By badger09 16th Apr 19, 9:44 AM
    • 6,827 Posts
    • 6,412 Thanks
    badger09
    Unless there are exceptional circumstances you should not distribute anything. Payments of funeral expenses is usual. You should remember as executor you are personally liable if you get it wrong. If in doubt donít. It is amazing how greed takes over when a will appears.
    Originally posted by Yorkshireman99
    OP isn't the Executor, just the main beneficiary.

    @KK14
    What do you need the £500 for? What would you have done if there was no prospect of this inheritance?

    If it is to pay anything related to your late mum, then the Executor should deal with it. If you've already paid anything out, then I see no problem with the executor reimbursing you. Otherwise, you can ask, but the Executor is well within his rights to refuse until Probate is granted and the estates finances known.
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