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Non responsive Executor

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  • Non responsive Executor

    My Uncle died 2 years ago
    probate granted April 2017.
    some beneficiaries paid Nov 2017
    Remaining beneficiaries only found out their named by chance.
    Executor not being responsive
    1. Can he pay some beneficiaries and not others.
    2. What can we do
    Tags: None

  • #2
    Have you seen a copy of the will?
    If not it can be obtained here: https://www.gov.uk/search-will-probate

    It is possible that beneficiaries who were left specific legacies have received them from available liquid assets.
    Residuary beneficiaries however will have to wait until property etc is sold, and perhaps this is outstanding.

    You could write to the Executor, pointing out it is good practice to keep all beneficiaries updated on the progress of managing the Estate and ask for an account shewing what you are due. You could also warn him that if he refuses you might apply for a court order that he produces an inventory and an account of his dealings with the estate.

    Hopefully he will then do what is right and proper

    Comment


    • #3
      Attached is the will and probate. I'm named as Matt Xxxxxx. The only residual beneficiary is the executor. At no point has he tried to contact any of the beneficiaries due 10k. Can he pick ans choose who he pays.

      Comment


      • #4
        There is no requirement for the executor (did the second executor renounce the position?) to distribute the legacies at the same time.
        It could be that he still has to liquidise some assets if there was not sufficient cash available for all .
        However you might like to remind him that if payment of pecuniary legacies is not made within the first twelve months from the date of death
        interest on the legacy can be requested by the beneficiary. The interest runs from the first anniversary of death and is payable from the estate.
        Don't get too excited though... I think the current rate is 0.1%!

        Comment


        • #5
          I've unapproved it and ( quite roughly) redacted it and attached below. The original is still available to team and Des has already seen it so that's fine xxx
          Attached Files
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment

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