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Beneficiary refusing to sign off account

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  • Beneficiary refusing to sign off account

    Please could I ask some advice re distribution of estate.
    my dad died 2021 with no will. I applied for letter of authorisation to administer his estate. No property involved, just savings and some shares, so straightforward division of estate between myself and 5 siblings. One sibling has refused to sign for receipt of their share of estate although bankers draft has been accepted.
    what steps can I take? Do I have to have them sign off the account or is the fact they've banked the cheque enough?
    Thank you in advance for any advice you can give
    Tags: None

  • #2
    Originally posted by Brucefan View Post
    Please could I ask some advice re distribution of estate.
    my dad died 2021 with no will. I applied for letter of authorisation to administer his estate. No property involved, just savings and some shares, so straightforward division of estate between myself and 5 siblings. One sibling has refused to sign for receipt of their share of estate although bankers draft has been accepted.
    what steps can I take? Do I have to have them sign off the account or is the fact they've banked the cheque enough?
    Thank you in advance for any advice you can give
    Someone did the same to me. I sent accounts, cheque for their share and a SAE and slip asking them to sign that they had received both. They never did which really didn’t surprise me. However, 24 hours after they “Signed For” the envelope the Bank rang me to ask whether I could confirm that it was OK for them to process the payment as it was a large amount. I confirmed it was. It’s now over 6 months so I don’t think I will ever hear from them but I feel I did all I could as Executor and I can’t do any more.

    Comment


    • #3
      May I ask why?

      Why do you need a receipt?

      Why is your sibling not signing one?
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        I have read that it's "good practice" to obtain a signed acceptance of distributed accounts and that it will finalise everything, although I cannot find anything to day it's essential.

        Sibling likes to be difficult- does not have a relationship with the rest of our family. I suppose I'm concerned that they will make an objection at some point in the future.
        maybe I'm overthinking?

        Comment


        • #5
          Originally posted by Brucefan View Post
          I have read that it's "good practice" to obtain a signed acceptance of distributed accounts and that it will finalise everything, although I cannot find anything to day it's essential.

          Sibling likes to be difficult- does not have a relationship with the rest of our family. I suppose I'm concerned that they will make an objection at some point in the future.
          maybe I'm overthinking?
          It is good practice but you cannot force anybody to sign! An Executor’s job is to take their role seriously, do everything by the book in a timely manner and dot all the i’s and cross the t’s. I even took photos of the slip I sent, the accounts, the cheque and the Signed For envelope and the Royal Mail tracking slip to say it had been signed for.

          I then put the whole lot away with all the other paperwork and it’s in the loft but I know I did my job as Executor 100%.

          Comment

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