Concerned Beneficiary

[exec13]

My sister passed away last year, Probate was granted on the 7^th of November 2020

I have accessed a copy of the will and I am named as a beneficiary.

I have not as yet heard from either of the two executors. I have read on Google that if all of the executors agree they can decide not to include a beneficiary. Is this correct or maybe a bit of misinformation.

Also I think my sister may have left a codicil stating that I should not receive any inheritance, as we had a falling out, but this has not gone through probate, would this still be legal or not. If not can a codicil be applied for retrospectively ie after original grant of probate.

Can I also add that I find it very strange that if an estate is more than £15k then probate is required, whereas most banks and financial institutions will pay out up to £50k with just a completed document from the executors plus a copy of the death certificate without probate approval?

[des8]

The executors can't vary the terms of a will, nor can they exclude (if by that you mean "remove") a beneficiary from a will.

If a codicil to the deceased’s will has been discovered after the grant of probate has been already issued, it can be sent to the Probate Registry on its own (without the need for revoking the grant of probate) providing it does not change the deceased person’s executors. If the codicil does change the executors, the original grant of probate must be revoked.

You can check the grant of probate here: Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)

Financial institutions set their own limits, but will require an indemnity form before releasing funds prior to probate.

[exec13]

So to reserect, or update this still ongoing saga. No codicil has been mentioned, but very sparce information from the executors, I have had to probe for any details. As previously I am a beneficiary I have been receiving small payments from a relative of one of the executors, not from an estate account or even from either of the executors private accounts (as I think has been made allowable due to Covid) the payments are apparently marked as "inheritance", not yet paid in full. The question is do I accept that these payments are from the estate or do I pursue the official executors and the estate for the monies. To add I am not on good terms with any of the people involved and have written several letters asking for information all I am getting are curt text messages.

[des8]

Are you a residuary beneficiary(i.e. you share in the net value of the estate after all debts and expenses have been dealt with) or are you due a specific sum?

[exec13]

I am a pecuniary beneficiary, left a specific sum

[des8]

Bear in mind the executors do not have to pay any legacies for the first twelve months, and it is recommended that they pay nothing for the first six months after the grant of probate.
The 6 months is only just up, and you have already received interim amounts, so the executors are not being tardy.

Executors job is not the easiest, and I can understand them not appreciating being chased.
It just costs the estate more and takes time.

You have been given a specific legacy, and you need to hold back while the executors do their job.
You only have a right to information about your legacy, not to the estate inventory and accounts

[exec13]

OK Des thank you, but it has been more than the executors year from the date of death (the end of March 2020) and I heard nothing from them even to say that I was a beneficiary untill I accessed a copy of the will (December 2020).
Regarding the question of estate accounts, I know this has been raised a few times however being a pecuniary beneficiary and not happy with the way the executors are handling the estate I have done a lot of research into this and found that there is a lot of information saying that only residuary beneficiaries are entitled to see accounts.
I also came across the following;

https://www.gov.uk/valuing-estate-of...o-died/records
Executors must send copies of the final accounts to "ALL" beneficiaries.

https://www.richardnelsonllp.co.uk/s...nst-executors/
Under the heading; What are the duties and powers of an Executor;

To be prepared to provide an account to beneficiaries and to the Court listing the assets and liabilities of the estate.


To suggest that the executors are not accountable to the beneficiaries to provide documents or financial statements of the estate is absurd: Lord Wrenbury in O' Rourke [1920].


The Judge agreed, citing a case from 1797 (Myddleton & Rushout) where this right of beneficiaries to request information at any time was established.


So I am still puzzled ?

Can anyone say where the legislation or other legal information is that actualy states that only residuary beneficiaries are entitled to a copy of the estate accounts please.

[des8]

Section 25 of the Administration of Estates Act 1925 (AEA 1925).details the duty of personal representatives to keep accounts
This states the duty is to the court and make the accounts available for inspection (along with an inventory if required).
It is accepted that the PRs first owe this duty to the residuary beneficiary and the residuary beneficiary is entitled to request and inspect the estate accounts
If the residuary beneficiary is not satisfied by the response to their request from the PRs, they can then make an application
to the court for an inventory and account

We had an in depth discussion about this point sometime ago on here which you might like to read:
https://legalbeagles.info/forums/for...equested/page4