Beneficiary of will will not sign receipt for interim payment

[Rugsybugsy]

Hi, I am executor of an estate, and have sent interim payments of a very substantial amount to beneficiaries, (step family) along with a receipt form to sign and send back. They are being difficult and refusing to sign and send it back. Does this matter, and what can I do about it. Thankyou.

[ostell]

I presume you sent a cheque? The cheque being paid will be proof

[Rugsybugsy]

I sent a bankers cheque but I can’t tell if and when it was cashed because of it being a bankers cheque. I wanted to have sound receipt of it because they had accused us of not being transparent. Thankyou for your answer, it seems like I don’t need the actual receipt if I sent monies by cheque. It’s a great shame that some people will even cause trouble over the simple return of a form.

[Rugsybugsy]

Thankyou. These beneficiaries now want to remove my brother and I as executors as they are saying it’s taken too long to sell the house. I obtained probate and the house is almost complete for sale. We live FAR away from the house and because of lockdown we lost a year. It’s been 18 months. Can they easily do this given that everything is now moving along well, probate done,accounts are transparent, they’ve had interim payments, and everything is almost complete. She wants a solicitor to take over as executor or us to buy them out quickly. Given how far the estate has progressed this seems crazy. Would her solicitor really advise this and what do you recommend we do? We do intend to see a solicitor but wanted to check in here first.

[des8]

No sensible solicitor will advise proceeding with an action to replace an executor, without first contacting the executor. with a view to resolving the matter.

Courts will only replace executors if the executor is not capable of performing his/her duties or is otherwise unsuitable
i.e. has stolen from the estate or wasted or grossly mismanaged estate affairs:
or .failed to keep records or follow court orders

Easier to threaten removal than to action it!
As matters are moving forward now (and 18 months under the circumstances isn't overlong) I would wait to see if you ever do receive a solicitor's letter.

[Rugsybugsy]

Thankyou very much indeed. You’ve confirmed what we thought. We’ll carry on with the house sale as planned. I think she’s just trying it on to bully us into some kind of quick financial arrangement.