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Executor Allowed Actions

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  • Executor Allowed Actions

    Hi, I am an Executor-A & Beneficiary for my late mother, along with my brother-in-law who is an executor-only Executor-B.

    There are 3 Beneficiaries and 2 executors.

    Probate has been granted and in obtaining probate, managing the sale etc my Brother in law (Executor-B) has done 99% of the work and has done this brilliantly in my opinion.

    We are in the final stages of collecting and distributing assets between the 3 beneficiaries.

    One of the beneficiaries (married to Executor B) has suggested making a cash payment of £3,000 to Executor B for his work from the estate and has asked me to initiate the payment if I am in agreement. I have the following concerns, am I overcomplicating this:

    Even if all 3 beneficiaries are in agreement on making a payment of £3,000 to me this should not come out of the estate but rather be made by each individual as the will only allows for legitimate expenses and for this to become an expense an invoice would be needed.

    Thoughts?

    Tags: None

  • #2
    If all beneficiaries agree in writing and instruct the executors to make that payment, I do not see a problem.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post
      If all beneficiaries agree in writing and instruct the executors to make that payment, I do not see a problem.
      Would both Executors need to agree on the payment? It's been suggested that I should do it alone as the other Executor is the beneficiary in this case.

      Comment


      • #4
        That would make sense. But get the written authority from all 3 beneficiaries first.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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