Beneficiary requested to sign unusual stipulations on Estate Accounts

[rhubarb34]

Grandma died and my mum and aunt inherit (no will). My aunt engaged solicitor for probate and conveyancing, keeping my mum out of matter as much as she could.

House sold and solicitor paid full care home costs, seemed OK until my mum asked where the bank/post office account with pensions was. Apparently solicitor hadnt checked for any bank accounts. And turns out my cousin was taking pension money out weekly, says she bought grandma/deceased things in care home, but basically has no details, receipts etc.

If the moneys gone, its gone (legit or not) and my mum just wants to leave it. But now solicitor, presumably acting for my aunt, has send the back page of Estate Accounts with lots of stipulations on, they want my mum to sign to say she agrees things like 'my cousin did her best' and 'my mum won't pursue my cousin for spending the money'. And finally some sort of indemnity for solicitors if they haven't checked for bank accounts properly.

My mum doesn't want to pursue my cousin, but doesn't feel OK signing this either. Does she have to sign?

P.s. have asked solicitor for full final accounts not just back page too.

[des8]

condolences on the loss of your Grandmother

As a residuary beneficiary your mother is entitled to the full accounts without having to sign any form of agreement or indemnity.
It seems the solicitor and aunt are concerned that questions may be raised.

tagging dslippy

[Sam101]

Indeed, it looks as if the solicitors have not worked as well as they should. As DES8 has said, you should not sign anything, but it would not be out of order to try and speak with the solicitors, asking them to find the missing funds and saying that you hope it will not be necessary to make a formal complaint about the solicitors for not acting as they should. You may find that the solicitors try and make an effort and produce the details.

Let us know how you get on with this please

[dslippy]

How much is involved (I appreciate that that somewhat begs the question)? Many old accounts have a few pounds only, but some have substantial balances.

A solicitor would normally only ask about balances in accounts - not how money which had been withdrawn before the death was being spent.

The solicitor must have known that there was a bank account for the pension.

Too soon to be signing any such disclaimers.

[rhubarb34]

Thank you all for your replies, much appreciated.

I am not sure why the solicitors did not ask to see a bank account as my grandmother must have had one to have state pension paid into, I get the impression (?) that they just took my aunt and cousins word for it about finances - but their website does say this is something they check. My aunt and cousin only provided the details to the solicitor, once my mum questioned this.

It would be state pension per week (approx. £180) for 3 years (£20K plus). They have now seen the last statement showing only a few pounds in a post office account. So it has been spent (probably not as it should, but its gone as far as we can tell) and my mum was being philosophical and not want to chase something she will probably never see. The rest of the Estate is relatively small about £60k between 2.


My mums main concern is that she is being asked on the back page of the Estate Accounts to sign to agree, something like 'my cousin is a good person and has done her best', and same for solicitors - all seems a bit odd to have 6 bullet points on the back page of the Estate Accounts, asking her, not my aunt, to sign to confirm this.

I guess I will wait a good fortnight for the solicitors to get me the full pages of the final Estate Accounts - my mum won't be signing anything at the moment, and from what I was reading (all new to us, not our world) it seems like she might not have to sign the Estate Accounts, as just a beneficiary - is that correct?

Thanks again for the help.

[atticus]

Wait to see the full accounts. I can see no reason why your mother must sign.

Is she expecting to receive any further payment from the estate?

[rhubarb34]

Thank you for your reply.

No, she's not expecting anything else, just half of the approx. £60K which is what she's verbally been told is left after the care home/bills etc. have been paid.

As far as my mum was concerned it was sorted and just waiting for solicitor to finish up, then she got the back page (only) of Estate Accounts with the 6 bullet points to sign as agreement.

Definitely, she will wait to get full final Estate Accounts, then I think we'll talk to solicitor and ask 'why' sign etc.

[atticus]

has she been paid that approx £30k?

[rhubarb34]

Hello, no my mum hasn't received anything at all.

My Grandma died 2020 (just before Covid struck), the house went up for sale, finally completed January this year and the care home and a few small bills were paid around March 2022.

My mums understanding is everything is done and paid now.

[rhubarb34]

Thanks to all for advice- sorted and mum has been sent the cheque.

[des8]

Glad to hear it has been sorted, and thanks for the update