Help needed please

[Gina1234]

Hi All,

I have recently been given the final figure from the solicitors of the amount I am to receive from the estate. I have provided bank details and relevant information that they have asked for.

but I am now being asked to confirm I email “that I have no intention of bringing any claim against the estate or your client in relation to the estate.”

If I don’t agree to this she will no release the funds from the estate to me as beneficiary, is this something they can do?

[echat11]

I think they are 'standard terms'. Reason being they are distributing the monies to the various beneficiaries, they don't want to find that one of the beneficiaries is going to take legal action when all the money has already been distributed. That would leave them in a 'pickle'.

[des8]

However having no intention of such an action now, does not prevent you changing your mind when you find they have made a mistake or acted inappropriately!

PS they can't withhold your legacy if you don't give that assurance!

[Gina1234]

So what can I say without agreeing to what they want me to and getting them to release my money? He has now said if I don’t agree then he will have to inform his client (my brother) that he will advise him not to release the funds if their is pending litigation.

[echat11]

Do you believe something 'else' has gone on and you are entitled to more money then is stated in the will? Cancel that.

I've read your other threads. You should have sight of all the information prior to accepting any monies.

They provide Pro Bono advice (make sure it's Pro Bono) -

https://www.howardkennedy.com/en/abo...mpact/pro-bono

[des8]

he will advise him not to release the funds if their is pending litigation.

IF, is there an if ?

[Gina1234]

No if, but potential to be in the future I just want my funds

[echat11]

Just a thought, could you not write back to the solicitor, stating that you are willing to accept the terms providing that the full accounts of the estate are sent to you on your acceptance of the money.

[Gina1234]

Another email, this time same t&c’s and won’t release the funds. the issue I have is the court ordered the solicitor and administrator to release the funds. So if the court and judge has ordered this surely I should not have to agree to new terms. If this was an issue before wouldn’t they have put this to the judge during the court case?

[echat11]

Have you spoken to a solicitor? (30 minutes free), see if you can get an Order from the Court to release the funds to you under the original terms.

[Gina1234]

Nope no solicitor, every company I have spoke To want upfront fee but I cannot pay until these funds have been released. Could I go back to the court and judge and advise them they have not followed through with the original request?

[echat11]

Nope no solicitor, every company I have spoke To want upfront fee but I cannot pay until these funds have been released. Could I go back to the court and judge and advise them they have not followed through with the original request?

Try it (you have nothing to lose) see what happens, I suspect it might be returned and you asked to follow the courts protocols for such requests.

[des8]

[QUOTE=Gina1234;n1591990 the court ordered the solicitor and administrator to release the funds.case?[/QUOTE]

What was the exact wording of that order?

[Gina1234]

No, stated the accounts are approved, is approved via the judge surely I should have to agree to more terms

[des8]

So the executor applied to the court for approval of the estate accounts (because I think you were objecting to his costs).
The court approved the accounts, but did not order the executor pay you your legacy.
The executor is now requesting you confirm you do not intend any further litigation prior to releasing your funds.

I suppose he requires this, because if he releases your funds and you then start litigation (which will be against the estate) the estate will not have the funds to pay its legal fees.
When you litigate against the executor, you are really taking action against the estate

As you have shown yourself to be litigious I can understand your brother's concerns, and I am not sure that a court would grant an injunction in your favour.
I would suggest you give the undertaking, or else you will be entering another round of legal argument which will only reduce your legacy and cause enormous stress.

If you don't agree, then you will need to find a solicitor who can help with the court processes