Pecuniary Legacy - Executors refusing to pay.

[ApplePie]

Hi All,

Thanks for taking the time to read about my dilemma, I've had a look through the forum and cannot find much information that links closely to the issue I am having. Any advice or thoughts would be greatly appreciated

My grandmother recently passed and in her will has left me a cash sum of money, with the remainder of the estate split between my Mother and Uncle (who are both executors). The problem is that my Uncle is of the opinion that I should not receive this money as in the years prior to my Grandmother's death she helped me out financially, specifically as cash gift to help me on the property ladder, and he feels that 'I have already had my money' and that the legacy should not be paid.

The estate currently comprises of a property to be sold and some cash, split between the two executors in their own bank accounts at this moment in time. Whilst my Mother agrees with the will and is happy to pay out the legacy at this stage, there are not enough of the estate's funds in her account to make the payment - she would also require some of the funds currently held in my Uncle's account, which of course he is refusing to issue.

It has only been a few months since my Grandmother's death but probate has been granted (of which I have ordered a copy along with the will), and to my knowledge all the debts from the estate have been paid. The only remaining foreseeable cost would be from the sale of the property.

My question really is this.. What do I do? My problem is not a time-issue, I am happy to wait until the appropriate estate administration has been completed, but what course of action should I be taking to ultimately ensure this legacy is paid?

Thanks
ApplePie x

[des8]

Re: Pecuniary Legacy - Executors refusing to pay.

Hi and Welcome
Sorry to hear about your concerns.
Before proceeding further it might be worth waiting 'till you have a copy of the will, so you are sure of your ground.

The executors are both personally responsible to identify and correctly distribute assets to the beneficiaries.
If they fail to do this you could commence proceedings against them.

Bear in mind that executors do not have to make a distribution until six months after the death of the testator.

I would suggest, having checked the will does not say anything about previous gifts being an "advance" on the legacy, that you write to your uncle pointing out his duty is to carry out your grandmother's wishes as expressed in her will, and it is not for him to make contrary assumptions.
I hope you are close enough to your mother to discuss it with her, rather than get formal, and let her know you are unhappy with your uncle's position, and let her know she has as much say in the administration as her brother(?)

I hope you can sort this problem amicably

[ApplePie]

Re: Pecuniary Legacy - Executors refusing to pay.

Hi des8,

Thanks for your response.

I have actually seen the will and it doesn't mention anything about advance of legacy but I will wait until I have a copy myself before I proceed any further.

I will write to the executors to remind them of their duties, presumably I cannot begin any kind of legal action until the 6 months have passed?

I also suspect that my Uncle has spent some of the estate's monies himself believing they are his to spend how he wishes, if this is the case is there any basis for me to request a copy of the accounts as only a pecuniary legacy beneficiary and he if has would this be classed as serious misconduct in the eyes of the court? - Enough to remove him as an executor if required?

Thanks
ApplePie x

[des8]

Re: Pecuniary Legacy - Executors refusing to pay.

It's not really practical to start legal proceedings until after the 6 months have passed.
As you are not a residuary legatee you are not entitled to a copy of the accounts.

If the executors want they can make advances to beneficiaries before finally settling the estate.
If they miscalculate the error is at their cost.
Accordingly I don't believe at the moment that the court would accept your concerns as reason for removal

[ApplePie]

Re: Pecuniary Legacy - Executors refusing to pay.

Thanks again des8 for the info.

I have now received a copy of the grant and will and I have come across a paragraph that may be relevant but I do not understand its meaning, can you shed any light on the attached?

Thanks
ApplePie x

[des8]

Re: Pecuniary Legacy - Executors refusing to pay.

I read that to mean the executors MAY IF THEY SO WISH realise your legacy, or part of it, at any time, and pay it to you or use it for your benefit.

I suspect this will was written before you came of age, and made provision for your legacy to be held in trust until you came of age. This clause would enable the trustees to access the money for your benefit.