European Inheritance Certificate

[Mightysaints]

I have pretty much concluded my executorship of an elderly friends estate - I was sole executor.

Although born in Germany in the 1920s, the lady moved to England, married an Englishman and lived the remaining 70 odd years here until her death in January. Her wish was to buried in the UK with her husband which we have obviously arranged.

The will is straight forward - I have sold the bungalow, paid the not insubstantial care bills, and collected in various balances and paid out remains of small debts.

Beneficiaries all get on, so no dramas.

I have Probate granted in April 21.

But I have a question ( obviously) - this lady had a small German Pension around £3k in value and they will not release it until I have applied for and been granted a EIC - this is taking a long time with COVID and Brexit - I think it will be December at the earliest according to the German Embassy who have been fine, if a little slow.

The £3k is insignificant in the overall value of the Estate.

The lady was estranged from her only relative, a sister who I believe died some years ago. There may be a nice or nephew but I have a letter signed by the deceased in 2000 naming me as her next of kin and also the fact she is estranged from any remaining family.

Finally, to the question...am I able to make an interim payment to the beneficiaries ( there are 8 shares in the Estate) ahead of the EIC? I assume Probate trumps everything else. Am I personally at risk in paying an interim award? I am sitting on a lot of money in the Exor Account and would quite like to settle the vast majority of the Estate, and then sort the £3k pension when ( or if) the German pension ever pays against the EIC being issued.

Many thanks

[des8]

You should wait at least until 6 months after the grant of probate is made before releasing funds.
This is because there is always a risk of a claim under the Inheritance (Provision for family and dependants) Act 1975 being made within that period

[Mightysaints]

Thanks Des8.

I was thinking to make a disbursement in October which would:

a. Be 6 months after probate
b. Well exceed notice date given in local newspaper announcements under 1925(?) trustee act

Have placed the Gazzette advert as well many months ago.

What I won’t have then, I don’t believe is is the EIC which I fear will drag on into 2022 - there don’t seem to be any motivation for them to issue this any quicker - it is on a pile of papers and that is a high pile I gather.

Should I wait for the EIC to be received or can I safely make an interim payment on the above basis?

thanks again.

[des8]

As long as you retain sufficient funds to cover any possible extra unexpected costs there should be no problem making interim payments.
Bear in mind that unless the will states otherwise, interest will run on cash legacies from the date of death.

Regarding your personal liability (which you mentioned) did you effect an executors liability policy?
No need to answer that, except I just wonder how many lay executors even know of the possibility