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Do all executors have to sign accounts before distribution?

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  • Do all executors have to sign accounts before distribution?

    As co-executor and beneficiary with 2 other executors (one of which is also a beneficiary) I am the only one that has signed the final accounts. Does the solicitor have to wait for the other 2 (who are married) before the estate is distributed?

    They promised they would be signing over a week ago but have not yet done so. They are (in my opinion) being awkward because they feel they should been given more (my dad gave my family more gifts than them). I suspect they will drag it out as long as they can.
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  • #2
    Hi Baggy1,
    All executors, unless they renounced or had power reserved to them should approve the accounts. Beneficiaries do not have to although it is good practice to provide residuary beneficiaries with final accounts.
    Give them a bit more time and a gentle nudge maybe so that the estate can be finalised.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Thanks Peridot. Sorry to be pedantic - you say 'should', does that mean they have to or is there an alternative. They have had the gentle nudge twice now. The original request went out week last Friday, they had a nudge on Tuesday last week and said they were signing it that night and returning it, and we are here now a week later without any signed accounts. The solicitors sent an email on Friday which hasn't been responded to.

      The other executors have been delaying everything all the way through the process. I have no explanation why they do this but even when they are provided with a pre-paid envelope and only have to get two signatures it will take a couple of weeks each time.

      We lost at least one of the sales due to their delays, it also took two months to appoint an estate agent. I am keen to close this out before the solicitors break up for Christmas.

      Comment


      • #4
        Hi again,

        So did all the named executors (the 3 of you I assume?) insist on acting. No one renounced or had power reserved to them?
        As executors they have duties to ensure the estate has been administered correctly otherwise they could be found liable so yes all executors who took out the Grant do have to approve the accounts. The solicitor instructed by the executors will not distribute without authority to do so from all executors (unless they renounced or had power reserved to them).

        I can appreciate how frustrating it is, but would not say you're at the stage to threaten taking any action such as removing the other executors or requesting the Court's finalise the accounts. Although delayed it would be somewhat premature to take a Court route particularly as the stress, delay and cost would significantly affect the estate size to be distributed. It may be worth discussing with the solicitors instructed to deal with the estate on behalf of the executors whether any threat of action could or should be made at this stage to try and progress things. The other thing you could look at would be making interim payments to the residuary beneficiaries pending the account approval. However this would of course have to be agreed with all the executors before the step could be taken so there may well be delay on this aspect too.

        Discuss options with the solicitor dealing with the estate on executors behalf. In my opinion in the bigger scheme of things this is not a significant delay that would warrant a sledgehammer, at this stage.

        I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #5
          Thanks again - it never ceases to amaze me how people will act at times. I can only view this as deliberate on their part but for what reason I have no clue.

          Comment

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