Professional Executor is insisting an Indemnity is signed before they will distribute

[LR7]

Hi,

Im a beneficiary to my Uncles Will. The professional sole executor (who also wrote the will) is refusing distribution unless all the beneficiaries sign an 'Indemnity' ?

Its a 10 point Indemnity with some straightforward points like confirming receipt of accounts, but also some more unusual points -
e.g. 'The Executor and their Solicitors shall be released and discharged from any claims arising from the administration of the estate in respect of matters disclosed in the accounts save in the case of fraud or deliberate wrongdoing'.
also - 'I agree that if any claim is brought by me in relation to matters disclosed in the accounts, I will indemnify the executor and their solicitors against any loss, liability or costs arising from such claims'.

There has been a long history of dispute with the sole executor over slowness, lack of information, excessive charges and inefficiency etc.

Also, due to the difference in valuation of the property for Probate and its eventual sale price 5 years later, (£500K difference), the HMRC 4 year from death reclaim of overpaid IHT deadline has been exceeded. The professional executor failed to mention this to the beneficiaries before or after the refusal to refund by HMRC. The executor has sent HMRC an extenuating circumstances appeal which is being assessed currently.

The beneficiaries want the executor to distribute the current funds but we don't want to sign the indemnity.

Can anyone advise ?

Thank you in advance,

LRT

[Frank1]

My advice is to refuse to sign the indemnity.
If the difference in the sale price of the estate property is £500,000 from probate to sale then the executors failure to notify HMRC about the difference may have cost beneficiaries up to 40% IHT of £500k which amounts to £200k
The best informative article I could find on the Internet was
"Executor Negligence " by Taylor Rose Solicitors.
Professional executors have a higher duty of care.
Under the subheading "Unreasonable Delays " executor negligence occurs when delays are unexplained or avoidable.

[atticus]

Just to add, the executor's task is to collect in the estate and then distribute it. He cannot make that subject to any conditions.