Estate being settled. What information must the Executor provide to beneficiaries

[nenderoth1987]

What a wonderful website. So glad I found you guys!
I am a beneficiary. The Testator died in Scotland. The estate didnt have to go to Probate as it was under 5,000 pounds . After one and a half years the sole Executor has finally provided me with a copy of the will along with a bank slip stating how much is left on the account (A new account has been opened on the Executors name) The slip is dated 18months after my relatives death. It was also mentioned that the Testator had a policy that covered the funeral. My question is: Do I have the right to know what the bank account held at the time of death? May I ask to see the policy and its value and how much was paid out on the funeral? The Executor uses a solicitor to reply to me and each time these costs are being deducted from the remainder of the estate .
Many thanks for your help

[enaid]

Re: Estate being settled. What information must the Executor provide to beneficiaries

Hi and welcome to Legal Beagles,
Firstly I would imagine the policy for the funeral would only pay out the cost of the funeral and receipts would be asked for prior to paying out.
Have you been told you will get nothing?

[des8]

Re: Estate being settled. What information must the Executor provide to beneficiaries

Hi
The executor does not have a duty to keep beneficiaries informed about the administration of the estate however it is good practice to.
He does however have a duty to provide a beneficiary with estate accounts when requested.
It is generally accepted that it can take up to a year to settle even a small estate

As a matter of interest as the deceased passed on in Scotland is the estate being administered in accordance with Scottish law, where I understand a "small estate" is less than £36000
and probate is replaced by Letters of Confirmation?

[nenderoth1987]

Re: Estate being settled. What information must the Executor provide to beneficiaries

Thank you for your answers.
We have unfortunately been dealing with an Executor who was unwilling to provide any information to the beneficiaries. It was myself that found out there was a will otherwise I seriously doubt whether we would of been told anything since most family members knew nothing about it. The Executor never contacted beneficiaries during the entire one and a half years. Since we have very little information to go on apart from what the Executor is telling us (The estate amounts to less than 2000 pounds and a policy covered the funeral) I checked several times with the responsible Sheriffs Court to see if the letter of Confirmation had been issued. But it never happened. The Testator had been in a care home for the past 20 years and the Executor, who is also a beneficiary, held the Power of Attorney.
My main issue is that I would like to obtain a bank statement verifying what was on the Testators bank at time of death and not one that has been issued one and a half years later . May I request such from the Executor?

[des8]

Re: Estate being settled. What information must the Executor provide to beneficiaries

Yes, you may ASK whatever you want, but whether or not he responds is a different matter.
If the queries are being dealt with through a solicitor, as you have indicated yourself, his costs will soon eat up a small estate.

If you are dissatisfied with the executor's performance you can apply to have them replaced.
However this is difficult as the beneficiary bringing the complaint has to prove serious misbehaviour,
I think in this case there would also be a procedural problem ,in that one of the documents that needs to be filed with the court is a certified and sealed copy of the letter of confirmation.

Bearing in mind the size of the estate, how many beneficiaries are there and would it be possible to have a joint letter signed by them all bringing these points to the attention of the solicitor, and asking for a full explanation?