Letter Of Indemnity

[NOCAB]

[QUOTE=2222;n1434598]

Yes.

What does the letter of indemnity say? If it just says that you promise to return any early payment if it is needed to pay any debts or other claims on the estate, that seems perfectly reasonable and does not in any way affect your complaints against the executor.

The Letter of indemnity says as follows;













DATED 2018










XXXX (1)

- and -

XXXX(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF X) (2)









DEED OF INDEMNITY RELATING TO THE ESTATE OF X

















Ref: SL4/072874.00001
1LB-42630861-1
Date: 11 September 2017






THIS DEED OF INDEMNITY is made the day of 2018

BY

(1) X of X ("the Covenantor"); and

(2) X of X ("the
Personal Representative").

RECITALS

(A) This Deed is supplemental to the will dated 9 November 1963 of X
(the “Deceased”), who died on X

(B) The sole beneficiary under the Will was X (Mother, who pre-deceased X Father on 23 March 2017.

(C) The estate of the Deceased therefore falls to be distributed under the intestacy rules.

(D) The Deceased was survived by his three children X , X and X

(E) Letters of Administration (with Will annexed) were issued to X out of the Manchester District Probate Registry on 3 January 2018.

(F) The Covenantor is beneficially entitled under the intestacy rules to one third of the
Deceased's estate.

(G) In consideration of the Covenantor's entitlement under the intestacy rules, the Personal Representative has agreed to distribute the Convenator's Share to the Covenantor, notwithstanding that there may be liabilities of the estate that, at the date of this Deed, have not been notified to the Personal Representative, or of which the Personal Representative may have notice, but which have not been quantified or that have not yet been incurred.

(H) The Covenantor has agreed to indemnify the Personal Representative in the following manner.

OPERATIVE PROVISIONS

1. DEFINITIONS

In this Deed, where the context admits, the following definitions shall apply:


1.1 The “Personal Representative" shall mean the Personal Representative.

1.2 The “Liabilities” shall mean all liabilities, actions, proceedings, claims, demands, taxes and duties, and all associated interest, penalties and costs, and all other costs and expenses whatever for, or in respect of, which the Personal Representative is, or may become accountable and which are attributable to and payable in respect of the property of any kind falling within the estate of the Deceased, or the property from time to time representing the same.



2. INDEMNITY

The Covenantor covenants with the Personal Representative that the Covenantor and the Covenantor's personal representatives will indemnify and keep indemnified the Personal Representative and any person or persons to whom the benefit of the covenant contained in this Deed has devolved by operation of law or has been lawfully assigned in full and on demand against the Liabilities, so far as the Liabilities are not discharged by the Personal Representative out of the assets for the time being retained by him and forming part of the Deceased's estate, or out of the income from those assets, or out of other assets available to the Personal Representative by way of security for the Liabilities.

3. LIEN

Nothing in this Deed shall prejudice or impair in any way any lien or charge to which the Personal Representative is entitled in respect of any taxes and other liabilities whatever for which they are or may become accountable.


4. RELEASE

The Covenantor hereby unconditionally releases the Personal Representative from all or any liability in respect of any act or omission on the part of the Personal Representative in relation to the Deceased's estate and from all claims or demands the Personal Representative has or may have in connection with their administration of the Deceased’s estate.




Signed as a deed and delivered ) by X ) in the presence of: )

Witness

Signature: .................................................. ................... Name: .................................................. ................... Address: .................................................. ...................
.................................................. ...................

.................................................. ................... Occupation: .................................................. ...................


Signed as a deed and delivered ) by X ) in the presence of: )

Witness

Signature: .................................................. ................... Name: .................................................. ................... Address: .................................................. ...................
.................................................. ...................

.................................................. ................... Occupation: .....................................

[NOCAB]

How would this effect outstanding issues such as;

1. Care home over payment
2. Expense abuse
3. Incorrect council tax refund acceptance
4. Reduction in my distribution based on the date funds were transferred despite accepting the gifting of my mother's jewellery to my sister on the same date!?
5. Outstanding medical negligence claims
6. Incomplete accounts re football pools
7. Missing items from the inventory
8. Accounting errors - via the solicitors still not corrected
ETC ETC ETC

[2222]

"The Covenantor hereby unconditionally releases the Personal Representative from all or any liability in respect of any act or omission on the part of the Personal Representative in relation to the Deceased's estate and from all claims or demands the Personal Representative has or may have in connection with their administration of the Deceased’s estate."

Since you apparently may wish to sue the personal representative, I don't think you should sign a deed containing that clause. The indemnity clause may also go beyond what you would want to sign in those circumstances.

[2222]

How would this effect outstanding issues such as;

1. Care home over payment
2. Expense abuse
3. Incorrect council tax refund acceptance
4. Reduction in my distribution based on the date funds were transferred despite accepting the gifting of my mother's jewellery to my sister on the same date!?
5. Outstanding medical negligence claims
6. Incomplete accounts re football pools
7. Missing items from the inventory
8. Accounting errors - via the solicitors still not corrected
ETC ETC ETC

That is a very long list of issues. Could I suggest that you sort it into three lists.

List A is a list where the financial effect of the error, if proved, is under say £3000 (so your share is under £1000). Forget about List A as issues you are going to complain about formally. It's just too expensive.
Don't forget about this list entirely. You can bring it up at family meetings, when you want to have a pointless argument.

I imagine that the council tax refund, accounting errors and the football pools will be on that list.


List B is is a list of items that you think the PR should have litigated. Forget that list, too. It's the PR's decision, and you probably can't shake it. I'm assuming that the sums involved here are not too gigantic.


List C is whatever's left. It's what you may realistically want to litigate over. Is there anything on that list?


You said elsewhere that you are taking loads of painkillers and can't work. Are you even able to litigate?

[NOCAB]

That is a very long list of issues. Could I suggest that you sort it into three lists.

List A is a list where the financial effect of the error, if proved, is under say £3000 (so your share is under £1000). Forget about List A as issues you are going to complain about formally. It's just too expensive.
Don't forget about this list entirely. You can bring it up at family meetings, when you want to have a pointless argument.

I imagine that the council tax refund, accounting errors and the football pools will be on that list.


List B is is a list of items that you think the PR should have litigated. Forget that list, too. It's the PR's decision, and you probably can't shake it. I'm assuming that the sums involved here are not too gigantic.


List C is whatever's left. It's what you may realistically want to litigate over. Is there anything on that list?


You said elsewhere that you are taking loads of painkillers and can't work. Are you even able to litigate?

OK, so if I were to just focus on list C yes there would be items well over £3000, for example medical negligence claims. There are 2 ongoing, one with support from the PHO, and the other with support from the GMC. Both are being upheld, so the Trusts involved don't have a leg to stand on. Another concerns a payment (so not a share) which is due of over £5000 that has already been paid but the executor is deducting from my share of the estate simply because he doesn't believe this was ever due to me. so yes there are items worth contesting.

The solicitors have today advised that there cannot be any early distribution to any of the beneficiaries unless I sign the letter of indemnity. I don't see how I can sign until these issues are resolved.

[2222]

OK, so if I were to just focus on list C yes there would be items well over £3000, for example medical negligence claims. There are 2 ongoing, one with support from the PHO, and the other with support from the GMC. Both are being upheld, so the Trusts involved don't have a leg to stand on. Another concerns a payment (so not a share) which is due of over £5000 that has already been paid but the executor is deducting from my share of the estate simply because he doesn't believe this was ever due to me. so yes there are items worth contesting.

The solicitors have today advised that there cannot be any early distribution to any of the beneficiaries unless I sign the letter of indemnity. I don't see how I can sign until these issues are resolved.

Then don't sign. that will get people a bit more interested in what you're saying.

i do wonder whether you should concentrate on the gym claim, where you may be claiming years of lost earnings, and let some of this other stuff go?

[NOCAB]

Then don't sign. that will get people a bit more interested in what you're saying.

i do wonder whether you should concentrate on the gym claim, where you may be claiming years of lost earnings, and let some of this other stuff go?

Hi, I will focus on both, as I am not going to allow any wrong doing if i can help it at all but thanks