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Executor not paying out

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  • Executor not paying out

    Hi all,

    Back in 2002 my mother was told by her best friend that she had completed a will and had left her 10k. Sadly roughly this time last year she passed away.

    the executor of the will is her son, my mother was not told that she had died, but my mum knew she was on the will so got a copy of the will and not to her surprise she was on the will and confirmed that she had been left 10k. My mum then contacted the son via text message. At the time mum felt a little uncomfortable at out right asking about the money and in her texts just made light conversation with the hope that he would mention the money. He never did, my assumption is that he was hoping she was unaware, the reason for this was as soon as mum did mention the will his replies stopped and mum has been ignored.

    The house was on the will and appears to be occupied (not by him)

    i am unsure on what steps to take, could someone provide me with some advice? I have contacted the solicitor, they couldn't assist, as they have not been instructed.

    thanks in advance,
    James
    Tags: wills

  • #2
    Re: Executor not paying out

    First things first.... where did your mother obtain the copy of the will and has probate been granted?
    She can find out about probate here: https://www.gov.uk/search-will-probate.

    When this is known the next steps can be decided.

    Comment


    • #3
      Re: Executor not paying out

      Hi,

      Thanks for the reply, mum got a copy through the channel you suggest there.

      I have a copy of the will in front of me,

      Regards,
      James

      Comment


      • #4
        Re: Executor not paying out

        So you would expect the estate to be settled, and beneficiaries to be paid sometime between 6 and 12 months after probate, if the estate is straight forward.
        You say there is a house which is part of the estate. Could its sale be delaying settlement?
        Also note that a personal representative is not bound to distribute the estate until 12 months after probate, at which point interest becomes payable on legacies.

        If she thinks the delay is unreasonable your mother should write to the Executor reminding him it is to everyone's benefit to be kept informed of the progress of managing the estate.
        She can also ask for an account of the estate that will outline her legacy.
        She could also mention that if this information is not forthcoming she can obtain a court order that he produces an inventory and account of his estate management.

        Ultimately she could apply to have him removed as executor, but this is a costly and not straightforward and is best avoided.


        As an aside your mother should not feel any embarrassment chasing up her legacy.
        She was obviously a good friend to the deceased, and it is only right that her friend's wishes recognizing this fact should be honoured

        Comment


        • #5
          Re: Executor not paying out

          Hi,

          thanks for your help.

          would you be willing to take a look at the will for me?? I am not well educated with legal issues, I just want to ensure that I am not making a mistake or acting prematurely. It would be a great help.

          thanks,
          james

          Comment


          • #6
            Re: Executor not paying out

            Originally posted by Jamesgray View Post
            Hi,

            thanks for your help.

            would you be willing to take a look at the will for me?? I am not well educated with legal issues, I just want to ensure that I am not making a mistake or acting prematurely. It would be a great help.

            thanks,
            james
            If you can post a redacted copy up on here, I'm sure you'll get lots of advice xx

            - - - Updated - - -

            Any problems posting (or redacting) it and you could always send a copy to me via email ( kati@legalbeagles.info ) and I'll happily do it for you xx
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: Executor not paying out

              Hi there, how would I add an attachment to the thread please? I would like people to have a look as my mother wants some kind of assurance that she is due the money before she takes this any further

              Many thanks
              James

              Comment


              • #8
                Re: Executor not paying out

                send it attached to an email to " kati@legalbeagles.info" and darling Kati will sort it for you!

                Comment


                • #9
                  Re: Executor not paying out

                  Hi All,

                  I have sent an email to Kati to add the pictures of the will, would someone be kind enough to have a look at the will for my mother?

                  Regards,
                  James.

                  Comment


                  • #10
                    Re: Executor not paying out

                    Originally posted by Jamesgray View Post
                    Hi there, how would I add an attachment to the thread please? I would like people to have a look as my mother wants some kind of assurance that she is due the money before she takes this any further

                    Many thanks
                    James
                    Originally posted by des8 View Post
                    send it attached to an email to " kati@legalbeagles.info" and darling Kati will sort it for you!
                    Originally posted by Jamesgray View Post
                    Hi All,

                    I have sent an email to Kati to add the pictures of the will, would someone be kind enough to have a look at the will for my mother?

                    Regards,
                    James.
                    here it is (I've redacted it for you )
                    Attached Files
                    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                    It doesn't matter where your journey begins, so long as you begin it...

                    recte agens confido

                    ~~~~~

                    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                    But please include a link to your thread so I know who you are.

                    Specialist advice can be sought via our sister site JustBeagle

                    Comment


                    • #11
                      Re: Executor not paying out

                      many thanks Kati,

                      Would someone take a look at the will? The bit regarding my mum is one of the gifts of 10k
                      Many thanks
                      James
                      Last edited by Kati; 21st May 2015, 11:04:AM. Reason: taking names out - gives you a bit of privacy ;)

                      Comment


                      • #12
                        Re: Executor not paying out

                        Originally posted by Jamesgray View Post
                        many thanks Kati,

                        Would someone take a look at the will? The bit regarding my mum is one of the gifts of 10k
                        Many thanks
                        James
                        So point 8 (money bequests) 01 or 02. Both read:
                        I give to my friend XXXXXXXXXXXXXX of XXXXXXXXXXXXXXXXXXX free of all taxes and death duties the sum of Ten Thousand Pounds.
                        Last edited by Kati; 21st May 2015, 12:29:PM.
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment


                        • #13
                          Re: Executor not paying out

                          Paragraph 7 is the important one. (sorry)
                          #staysafestayhome

                          We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
                          Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: Executor not paying out

                            Here ... [MENTION=65267]Jamesgray[/MENTION]

                            as the Son is still alive he inherits everything after funeral costs etc. Only if he had died or was otherwise unable to accept the inheritance would the money bequests come into force. Actually had the son died but had had children etc then the estate would go there first .



                            So the half sisters and other friends will not have received anything either.
                            Attached Files
                            Last edited by Amethyst; 21st May 2015, 13:33:PM. Reason: tagging OP
                            #staysafestayhome

                            We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
                            Hetty Bower

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment

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