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Difficulty with executors and payments

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  • Difficulty with executors and payments

    hi here
    looking for a little help concerning payments from my fathers will.
    probate as been granted and the money paid into the executors account,6 months have elapsed since father passed away,so as I understand the executors are obliged to pay.
    Currently I have some urgent debts that paying asap
    There are two executors my brother and sister.Currently my sister is on holiday and passed the paying of the money into my brothers hands.
    He is now stating he wants to wait until my sister returns before distributing the funds,and is refusing to budge saying that I wouldnt have the money anyway if father hadn't passed away and other such reasons.
    Its clear to me that he is scared of messing things up and should never have been an executor in the first place.What recourse do I have,not considering the welfare of a beneficiary for instance,or could I request he stands down as executor.I must add that the whole episode of probate etc as been a very acrimonious ride,bringing out a lot of differences,not something the executors should be attaching to this, typical family disputes. I suppose.
    Any help much appreciated

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  • #2
    Re: Difficulty with executors and payments

    Hi and welcome.
    Sorry to hear of your loss and subsequent family problems

    Regretfully there is little you can do.
    You would not expect a distribution until after 6 months following probate, but on the other hand distribution could take up to a year without problems.
    Having intermeddled with the estate stepping down is not a viable option for an executor, and you do not appear to have any grounds to petition for his removal.
    Will your brother not countenance a partial payment to you on account?
    Is there no way you can contact your sister and ask her to tell your brother she agrees to the partial distribution?
    Will your creditors not await a little longer for you to receive your inheritance?

    Sorry not to have been able to be more positive.


    • #3
      Re: Difficulty with executors and payments

      Thank you for your reply.
      Things have now been sorted out and I have payment.
      Another query I have.I was under the impression beneficiaries had to recieve a copy of the estate accounts approve them and sign them.Iam a named beneficiary.
      Or can I apply for a copy from the solicitors or executors.
      I want to dig through the various charges made by the solicitors,and the estate agents,conveyancing and their solicitors fees etc.I have had a glimpse of the accounts some of the charges Iam not happy with in particular the solicitors fees for handling probate etc.

      thank you


      • #4
        Re: Difficulty with executors and payments

        Glad to hear it has been basically settled.
        Residuary beneficiaries are entitled to a copy of the final accounts.
        Beneficiaries of specific legacies are not so entitled.
        The executor should supply the copy, but if a solicitor has been employed by the executor there's no reason why you should not ask them (but they may refer the request back to the executor!)


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