Signing a Deed of Indemnity

[MDahila]

Hi,
I would like to seek advice regarding a will of my late stepmother and the Deed of Indemnity I have been asked to sign by the lead executor (my step brother).

In context the will states that residual fund are to be divided equally between my two step brothers and myself with a bequest of £2000 pound to my two brothers.

My other stepbrother and I were also executor however, I agreed for my elder stepbrother to act as sole executor in order to ease probate and sale of house, this has now been done.

I have received a letter from his solicitor asking me to sign as a deed an indemnity form with seem to be exonerating him of any future liabilities should any other claims be made. Therefor making myself liable for any claims on the estate not the three of us as executors.

I do not wish to sign this form and in effect become liable for any claims how does this effect receiving my inheritance

Thank you in advance for any advice you can give.

[EnglandPi]

If you are a residual beneficiary, not signing the form will have no effect on your inheritance. The solicitor is just trying to cover all the bases for his client.

[MDahila]

Thankyou.

[des8]

However as a co executor you are jointly and severally liable for the actions of your elder step brother executor.
Stepping aside does not relieve you of that life long liability.

It is common to obtain letters of indemnity, but enforcing them is problematic.
They are an attempt to make it easier if an error has occurred
For example if an unpaid creditor turns up after distribution of the estate, the beneficiaries should bear the cost and the letter of indemnity might make it easier.
However if the beneficiaries refuse or have spent their legacies the executors could be liable.

As EnglandPi your legacy should not be affected by refusing to sign the indemnity