Executor not paying out

[Atomicrhino]

Hi,
I am looking for some advice if possible?

6 months ago my Mums Cousin sadly passed away leaving her Husband as the executor of her will.

We were informed (By the brother) that my Mum was named as a beneficiary at the reading of the will, however the executor has not told my mum about this or released any money,

I have sent off for a copy of the will to see if she is named in it? If she is and we are led to believe it is a sizeable amount of money, how do we go about getting the Executor/Husband to pay my Mum?

Any Feedback will be welcomed,

Kind Regards
Atomic

[Johnboy007]

Re: Executor not paying out

Hi,
The executor has a legal obligation to carry out the wishes of the deceased according to the will.
He/she is not bound to distribute the estate of the deceased to the beneficiaries before the expiry of six months after the death of the testator. This does not apply to payment of the privileged debts. The debts must be paid promptly and therefore the Executors usually commence payment of these debts within 6 months.
As with specific legacies, cash legacies are paid once the Executors are satisfied that they will not be required for payment of the estate debts and expenses. Only in the event of there being insufficient funds available to cover expenses will the cash legacies be utilised for that purpose. While dealing with the handing over of specific and cash legacies the Executors can also consider interim payments to beneficiaries who are entitled to what is left (the residue). They must ensure, however, that adequate provision is made for payment of debts and expenses, the cash legacies and any tax liability. Unless the Will states otherwise, interest will run on cash legacies from the date of death.

I would suggest writing a letter to the executor, if it is proven that your Mother is a named beneficiary in the will.
Just remind him that six months have now passed since the death, and as your mother is a named beneficiary, could he please distribute funds to your mother, as is his lawful duty.
You could also remind the executor, that he is legally liable for any loss to your mother' inheritance.
Take a look at this link, it will give you more information.
http://www.mylawyer.co.uk/managing-t...-A76991D77118/

[enquirer]

Re: Executor not paying out

Advice as per Johnboy007.

[stevemLS]

Re: Executor not paying out

Agree with John, but would add that if there is anything remotely complex about the estate it is not at all uncommon for it to take more than 6 months to resolve.

Executors can make interim part payments provided they are satisfied that the estate can stand them.

[des8]

Re: Executor not paying out

One small correction regarding interest on cash legacies:
If the cash legacy is not paid until 12 months after death interest is payable after that date at a statutory rate (which I think is 0.3%pa, ie basic account rate of Court Funds Office)

[Johnboy007]

Re: Executor not paying out

One small correction regarding interest on cash legacies:
If the cash legacy is not paid until 12 months after death interest is payable after that date at a statutory rate (which I think is 0.3%pa, ie basic account rate of Court Funds Office)

Thanks for that Des......:tinysmile_grin_t: