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Administrator query

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  • Administrator query

    My cousin died suddenly in November 2024 without making a will. His only relatives were 9 cousins and my sister and myself agreed to be administrators. The Deed of Variation took a long time to complete and there were fixed sums of money left to about 20 charities who were informed in August 2025. In addition the 9 beneficiaries were to each have a fixed sum and the residue was to be split between 4 charities that were close to my cousin and his late mother. The letters of administation were obtained in December 2025 and his house was put on the market at the end of January.
    Our solicitor is now saying the 20 charities and the beneficiaries are both entitled to statutory interest from 12 months after my cousin's death (which was a month before the Letters of Administration was received) as we are both percuniary legaties - how can this be, surely the rules should be different if there is no will? There is enough money to pay the charities but not enough to pay the charities and beneficiaries untill the money for the house sale is received. The benficiaries are happy for the charites to be paid now and wait for their legacy untill the house is sold but the solicitor says all the pecuniary legaties have to be paid at the same time. We also do not want the the interest as this will reduce the amount this will be given to the residual legaties but the solicitor says this is not negotiable.
    Are we getting the correct advice?
    Tags: None

  • #2
    Statutory interest is payable under s44 Administration of Estates Act 1925.

    I think the point is that the Deed of Variation becomes, in effect, the Will.

    Have you asked your solicitors if they are sure, and for the reasons for their advice?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

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