Contentious probate matters

[Baggy]

Re: Contentious probate matters

That makes sense... i really appreciate eveybodies help and advice....

i'll let you know how i get on

many thanks to eveyone

[righty]

Re: Contentious probate matters

% depends what type of beneficiary you are see my previous post AND yes the DWP do speak to beneficiaries as 'interested' parties' However the DWP will confirm their view that the estate should not be distributed until after they have completed their inquiries

[The Debt Star]

Re: Contentious probate matters

AND yes the DWP do speak to beneficiaries as 'interested' parties'

Not in my experience, at least not after the Executors have corresponded with them but yes, its defo worth a go. If you can find out what the liability is likely to be it may help you put pressure on the Exors to make an interim distribution.

Just to clarify the interest point, it would be useful to know if you are a residuary beneficiary or a legatee.

The law differentiates here between "general legatees", "specific legatees", "annuitants" and "residuary beneficiaries."

A general legatee is entitled to a sum of money and is not entitled to interest unless the will directs payment of interest or the legacy remains unpaid at the end of the first anniversary of the testator's death. A specific legatee is entitled to a specific asset (eg some shares) and if that asset produces an income or interest he is entitled to that income or interest (unless the will says otherwise). Annuitants receive payment from the date of death and an example of this might be where the beneficiary has been given a life interest in part of the estate. Residuary beneficiaries that have an absolute interest in the residue will be entitled to both income and capital.

Clearly cash in the estate which is held by the Executors should produce an income. The point I am making is that the Executors should place cash they hold in an account that produces income because specific legatees are entitled to it. How much depends on the rate of interest applicable and, of course, how long it is held in the account before distribution. Solicitors' client accounts produce a very low yield and hence the requirement for them to transfer to a higher rate of interest in a deposit account.

DS

[righty]

Re: Contentious probate matters

DS in the main your correct. In fact its now noted that they won't even talk to the solicitors who have to put their queries in writing & then they respond to the executors not the solicitors (unless a solicitor is an executor)

This is one of the reasons that its a good idea to have a least one member of the practice handling the probate as executor

like many bureaucrats the DWP wrongly quote the DPA to avoid doing their job

[The Debt Star]

Re: Contentious probate matters

I agree with you Righty.

The DWP are getting worse at replying per se and just as bad at providing the right information when they do. As is the case with the Pension Service. Also increasingly HMRC these days.

[righty]

Re: Contentious probate matters

Problem is that because it for purposes of winding up an estate assesing tax etc their refusal to supply the information is actually a BREACH of the DPA

[SmurfEater]

Re: Contentious probate matters



I have managed to locate a public access barrister for the party concerned;
the barrister does specialise in contentious probate matters.
However, a good law firm is also needed as the matter will require a contentious probate solicitor to deal with the trustee.

Hiya, I also need a public access barrister if you could PM me that would be great!

[des8]

Hi SmurfEater this thread is now 8 years old and Angrycat hasn't been back for 3 years, so you may not get a response.

Will reply to your PM later today or tomorrow