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Partial Distribution on cash in bank account

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  • Partial Distribution on cash in bank account

    I am sole executor for my late mothers estate, it will be some time before I can finalise her estate as I have to sell her house. However am I right in thinking that I can partially distrubute some of the cash she held when she died and which I now control?

    I will only distribute some of the cash (under 50%) and I plan to retain more than enough for all known and likely expenses and additional amount in reserve for unplanned costs. The amounts are relatively small but it would be very useful to some of the beneficiaries to have something in advance of full distribution.
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  • #2
    Hi squishy,
    Just be aware if you do not have sufficient funds held back you can be personally liable for any shortfall. If the beneficiaries were unable or unwilling to return the money to you it could mean you are left out of pocket yourself. Getting an indemnity from the beneficiaries that they will return any legacy if it is needed for testamentary expenses or liabilities may assist. However, there could be a situation where you are left to sue beneficiaries for the money.
    Worst case scenario of course, I’m sure you have calculated what is needed to finalise the estate with some for unforeseen items, you are probably best placed to judge the risk and I’m sure the beneficiaries would appreciate it.
    I am a qualified solicitor and 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.

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