Can executors demand I sign a waver before they will release funds. England.

[noonenoname]

I have solicitors appointed as executors of 2 estates I am one of multiple beneficiaries.
They want be to sign the following statement for both estates.

I, <name> as a beneficiary confirm that the final
balance shown in these estate accounts is accurate. I approve these accounts and agree that
your compliance with this request shall be in full satisfaction of all claims against the Executors in
the Estate of <name>

They are saying they wont release the funds until its done.
At this stage there is nothing I want to dispute however I’m not comfortable waiving any rights that I don’t have to as I don’t see this being in my interest to do.
I feel that I’m not experienced in this area or qualified to verify the accounts are correct.

I was thinking of replying:-
Dear [Name],
Thank you for the estate accounts.
As I’m not an accountant and not involved in the preparation of the accounts, I’m not in a position to confirm that the final balance is accurate or to give a full discharge. I do not, however, dispute my entitlement under the Will and am content for distribution to proceed.
Kind regards,

===

Any advice would be appreciated.
Thanks

[PallasAthena]

This has come up on here before, usually when the executors are solicitors, but sometimes copied by lay executors. There is nothing in probate law that requires any such waiver or allows executors to refuse to distribute the estate without it.

It seems to be some sort of back covering exercise in case the executor has made a mistake although whether it would achieve that if ever tested in court is open to doubt.

It is nonsense in my view to ask a beneficiary to confirm the accuracy of accounts they have not drawn up. How could you give such a confirmation? That confirmation needs to be given by the solicitors who prepared them.

Requests like this never explain why the executors think you should waive your legal rights to claim against them if they have been negligent, especially when the executors are a firm of solicitors acting in their professional capacity and being paid a fee by the estate/beneficiaries. I can't think of any reason why these solicitors should benefit from a waiver of your rights (although they haven't actually asked you give a waiver of your rights against them). If they persist ask them to explain this point.

Your letter is an appropriate reply. Even if you were an accountant you couldn't confirm their accuracy so I'd leave out that phrase and end just saying you are content for them to proceed but do not agree to providing them any waiver of your rights (no need to mention disputes either - keep it short).

[noonenoname]

This has come up on here before, usually when the executors are solicitors, but sometimes copied by lay executors. There is nothing in probate law that requires any such waiver or allows executors to refuse to distribute the estate without it.

It seems to be some sort of back covering exercise in case the executor has made a mistake although whether it would achieve that if ever tested in court is open to doubt.

It is nonsense in my view to ask a beneficiary to confirm the accuracy of accounts they have not drawn up. How could you give such a confirmation? That confirmation needs to be given by the solicitors who prepared them.

Requests like this never explain why the executors think you should waive your legal rights to claim against them if they have been negligent, especially when the executors are a firm of solicitors acting in their professional capacity and being paid a fee by the estate/beneficiaries. I can't think of any reason why these solicitors should benefit from a waiver of your rights (although they haven't actually asked you give a waiver of your rights against them). If they persist ask them to explain this point.

Your letter is an appropriate reply. Even if you were an accountant you couldn't confirm their accuracy so I'd leave out that phrase and end just saying you are content for them to proceed but do not agree to providing them any waiver of your rights (no need to mention disputes either - keep it short).

Thank you for your reply I completely agree. We are paying them extensive fees to do the work only for them to ask us to state the accounts are correct and waive all rights. That doesnt seem fair that sounds like something you might do if someone was helping you out for cheap or free not when using solicitors that are being paid a professional rate.

[atticus]

There is a further point. These executors, being solicitors, are professionals and as such are insured in respect of any errors they may make.

[noonenoname]

atticus yes that's a good point thank you.