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Distributing an estate

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  • Distributing an estate

    Hello

    Firstly thanks for reading and thanks in advance for any help you can offer.

    What Identification does a Lay Executor need from a Beneficiary? What does the Law say ‘Lay executors’ need to do in order to distribute money’ – and where is this written in law?

    Thanks

    Tags: None

  • #2
    The executor has a legal responsibility to distribute the deceased's estate in accordance with the will.

    If the executor makes a mistake and makes a payment to a person not named as a beneficiary or an incorrect bank account number then the beneficiaries can sue the executor for their loss attributed to the mistake.

    Clearly an executor who does not know the beneficiaries personally will want to make sure they are making a payment to the correct person.

    Comment


    • #3
      Administration of Estates Act 1925 covers executor's duties

      Comment


      • #4
        There's no such thing in law as a "Lay Executor". All executors are just an Executor. Sometimes the executor may also be legally qualified but the duties of all executors are the same.

        There was a discussion on here last week on the same question, what ID should the Executor ask for from a Beneficiary? It should help answer your query.

        Executor requests - LegalBeagles Forum

        In short, the law says nothing specific about needing ID from beneficiaries, nor about how money should be distributed. That is entirely up to you to decide.

        Last time I was Executor (for my mother) she had left her entire Estate to family members. I knew all the family members well so I didn't ask for any ID. I just called them and asked for their bank details and made online bank transfers to them from the Executor account. I did ask all of them to email me confirmation that they had received the money. That was all.

        If the beneficiaries had been strangers that I didn't know I would have asked for ID for the reasons explained in the earlier thread, ie to protect myself against the risk I was paying the wrong person.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          Incidentally, a useful tip if you are transferring money online to someone who you have never sent money to before.

          Set up their account details in your online banking but before doing the online transfer of the full amount send them a transfer of just £1 and ask them to confirm it has arrived in their bank account. Then you can be confident the bank details you have set up are correct.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment


          • #6
            I wrote cheques and sent them Signed For. The person who caused all the trouble did not sign the slip I provided acknowledging receipt of cheque and accounts along with a SAE. Some people will go to their graves full of spite and hatred. I know he paid the cheque in next day because the bank rang me to check they should process it.

            Comment


            • #7
              As the cheque has been banked by the beneficiary, it could be assumed that the accounts have been accepted, otherwise the cheque would not have been banked. Dont worry too much, but as long as you have followed the correct procedure, that beneficiary has little or no chance of causing problems.
              Suggest you write a letter confirming that as the cheque has ben banked tha accounts as d
              submitted have been accepted.

              Comment

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