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Belligerent beneficiary

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  • Belligerent beneficiary

    Hello all, just wonder if someone has any advice with dealing with a belligerent beneficiary at all, as its beginning to get more than a little annoying now?

    Long story long, 2 executors of a will, both residual beneficiaries along with a further sibling who is also a residual beneficiary but not an executor.

    This beneficiary has been awkward since day 1, demanding bank statements from before date of death and before Probate was granted, along with personal details of the buyer of the property. They have already been furnished with part accounts from date of death, until Christmas time, final Estate accounts have been pretty much drawn up now, remarkable considering from date of death to now has only been just over 3 months, Probate granted, house sold after being on market just a few days, DWP enquiry completed and bills 99.9% settled and money is sat waiting to be distributed to the residual beneficiaries. It has been a fairly simple estate to sort, mostly tied up in property that fell below IHT cap and no other real assets or cash. Both Executors and residual beneficiaries are happy with accounts, which is to be expected.

    The 3rd RB is refusing to hand over bank details for payment, saying they have the right to do so until they decide the accounts are satisfactory to them and demanding a complete audit in a professional manner, they have been done on a spreadsheet, and tally up exactly with the cash in the bank, showing money in, and out since date of death, let alone Grant of Probate.
    They were given free reign to take any sentimental momentos and anything else they wished from the property, and advised anything remaining behind would then be sent to charity or house clearance, which was the case given the fact the buyer wanted a quick completion, a company was employed to clear the property and grounds. They took more items than the executors put together, and they now expect a full inventory, however, most of the remaining items were of little or no value, a couple of items considered to be worth something were sold on ebay and proceeds after fees and postage have been added to the estate funds.

    Once the 2 final outstanding bills have been paid, this will fully complete the estate and the residuary will be ready for sending out, but they are refusing to cooperate and generally trying to be as awkward as possible to prevent the estate being settled. There seems to be little advice online on what an executor can do in these cases, as both executors would just like to get this sorted and done with to get on with life as we have nothing to do with the belligerent beneficiary at any other time, so would prefer it to go back that way as soon as possible.
    Any help, advice or pointers are gratefully received. Thanks in advance.
    Tags: None

  • #2
    I am in a very similar situation but in my case the beneficiary has now put a stop on probate being issued which remains in place for 6 months unless the cancel their caveat. They can also extend it for a further 6 months.

    Were you LPA as well?

    Like you, I have ensured we have full records of everything and it’s all completely straightforward.

    I don’t think you have to engage in any further correspondence with this person and that, since probate has been granted, you can just go ahead and distribute the estate. However, just hang on until someone more knowledgeable comes along on here.

    Comment


    • #3
      Reading your thread, who are the two executors? Was one or both of the executors LPA? The third residuary beneficiary is entitled to full accounts and not a spreadsheet. What's the problem? As when the estate is 100% finalised, not 99.9% done, then full accounts should be available and sent out to all residuary beneficiaries.

      You will not be able to sign off the estate until all residuary beneficaries are in agreement. If a residuary beneficary is not happy with the estate accounts they can then apply for an inventory and account.

      Comment


      • #4
        So write (signed for) to the beneficiary advising him that
        1) distribution of assets will take place between 6 and 12 months after the date of the grant of probate
        2) it will be in accordance with the final accounts as drawn up by the joint executors
        3) if (s)he does not accept them he is free to challenge them in court
        4)if bank details are not passed over a bankers draft will be drawn and sent to him(her)


        You could go straight to 4) but points 1 - 3 are useful, if it goes to court, to show you have been reasonable

        Comment


        • #5
          A beneficiary who is not an executor has no right to see either the will or the accounts prior to probate being granted. After probate the will is on public record and anyone can obtain a copy.

          A non-executor can informally request to see the accounts and will at anytime but the executors can refuse. In essence the executors have a legal duty to manage the affairs of the estate.

          If and when the estate is finalised the beneficiary needs to agree and sign off the accounts if he/she objects and wants to go down the legal route it gets expensive and ultimately the assets of the estate can all be consumed in legal fees and costs.

          This should be pointed out to the non-executor beneficiary because there may well be no assets to be distributed after all legal action is completed.

          If bank details are refused a bankers draft or cheque will suffice.
          Last edited by EnglandPi; 6th March 2021, 11:14:AM. Reason: Footnote:

          Comment


          • #6
            To clarify: residuary beneficiaries are entitled to a copy of the final accounts, but do not need to approve them

            Comment


            • #7
              Both the executor and main beneficaries must approve and sign the estate accounts. The executor of the estate is legally responsible to honestly and reasonably administer the estate.

              If the legal route is taken the executor must be certain that they have done everything in accordance with the will. There must be no maladministration or misappropriation of the estate and the executor will need to have confirmation preferably written confirmation that the beneficiary has refused suppling the executor with bank details when asked for. All this supplements your case and proves that you have asked the beneficiary for such details should court proceedings be brought forward.

              When you send the accounts to the beneficiary ask them to sign and return. Once they have approved their share of the estate you can then forward the cheque/banker's draft.

              You may want to consider that involving the courts to resolve such difficulties can be complex.

              Comment


              • #8
                There is no requirement for residuary beneficiaries to approve the final accounts.
                It might make sense for the executor(s) to obtain approval as that could be persuasive in any future disputes.

                It is not possible for someone who who isn't executor "sign off" (which means to validate and say they are good) accounts if they've not been involved with the whole process.
                A beneficiary can ask for clarification, so it is wise to be ready with explanations, but the only way a beneficiary can challenge the accounts is in court.

                Comment


                • #9
                  Originally posted by des8 View Post
                  There is no requirement for residuary beneficiaries to approve the final accounts.
                  It might make sense for the executor(s) to obtain approval as that could be persuasive in any future disputes.

                  It is not possible for someone who who isn't executor "sign off" (which means to validate and say they are good) accounts if they've not been involved with the whole process.
                  A beneficiary can ask for clarification, so it is wise to be ready with explanations, but the only way a beneficiary can challenge the accounts is in court.
                  A beneficiary can informally challenge the accounts.

                  Comment


                  • #10

                    When the beneficiary signs the accounts, it is not to "sign off" it is a signature of their acceptance.

                    This process is commonly over looked and if the correct acceptance procedure of the beneficiary's approval is carried out it proves to be beneficial if there is a dispute and court proceedings take place.

                    Comment


                    • #11
                      Thank you all.

                      To answer a couple of questions

                      Both Executors also held an LPA.

                      The 3rd beneficiary has been provided with accounts from date of death until Christmas time, when they last asked for them. The estate accounts have been brought up to date as of today, with the exception of one final bill for a store card we are waiting upon, we know the figure, just waiting for them to be happy the holder is actually deceased. Then there is a fee to have ashes interred in the local church, again all ready to go.

                      Today, we passed the accounts to a proper accountant to go through along with all receipts etc for confirmation they are correct, 3rd one is saying they want audited accounts!!! Accountant has said there is no need for is to have them audited, and if that is what they want, then they can pay for it.

                      We seem to think the 3rd has some fantasy idea that the deceased had thousands in the bank, , wanting statements from before date of death, and demanding to know the full details of the person who bought the property too, which we've been led to believe they are not entitled to thanks to GDPR and not being involved in the sale.

                      We believe they are just being awkward for awkward sake to hold up finally setting the estate, knowing that one other beneficiary could do with the money sooner rather than later out of spite, as we had an inkling they would do from the start.

                      Both Executors would be happy for all their dealings and accounts to go to a Court, but its just getting the 3rd to agree they are OK, as no doubt there will be something that doesn't suit them in it all.

                      It is interesting to note that if they refuse to hand over bank details they can be served a Bankers Draft, that may we'll be a course of action, obviously it would just be far easier if they just agreed that they are correct, no one has fleeced thousands out the bank, and the not insignificant sum of money they stand to inherit is correct to the last penny too.

                      Comment


                      • #12
                        It is commonly accepted that a beneficiary will signify his acceptance (and therefor impliedly) his approval of the final accounts.
                        However it is not a required formality

                        Comment


                        • #13
                          Originally posted by des8 View Post
                          It is commonly accepted that a beneficiary will signify his acceptance (and therefor impliedly) his approval of the final accounts.
                          However it is not a required formality
                          We know
                          (but some prople like to have the last word and always think their opinion and input is more important than everyone elses).
                          Last edited by EnglandPi; 6th March 2021, 16:33:PM.

                          Comment

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