Wills and Probate

[frenchie35`]

Our father died 20 months ago and the will appeared to be straightforward divided between the children and the repayment of money borrowed from him by one of the children was to be repaid. That person is saying that there is no proof but has been given the proof in Fathers handwriting and now denying it!!!
The estate funds are all in place and ready to be paid out but the executors are refusing to allow us to have an interim payment due to the fact that this one has now contested their share.
Are the executors (who are using a solicitor) allowed to do this? Or are we leghally allowed to have an interim payment? Can anyone help me please i dont know what to do , al the younger members are asking me for help and i am speaking on their behalf as the excutors will not communicate with us.

[Kafka]

Re: Wills and Prrobate

Why will the executors not communicate with you? Who are they and who appointed them?

[des8]

Re: Wills and Prrobate

Hi and welcome.
Sorry to read your father's passing is causing dissension in the family. Unfortunately we see that happening too often.
The executors do not have to make any payments until they are satisfied they have sorted out the estate. It is entirely at their discretion to make interim payments.
Nor do they have to communicate with the beneficiaries, although it could be seen as good practice to explain there is a delay.
The existence of this loan, if it has only just been revealed to the executors, may have altered the tax position and so be causing a delay.
Are the executors also beneficiaries of the will?
Until the matter of this loan is sorted an estate account cannot be produced for approval by residuary beneficiaries and so I would not expect a distribution by the executors.
The executors need the approval to release them from further liability to the beneficiaries.
If you approach the solicitor handling the estate they probably will not tell you anything, although they will charge the estate for reading your letter
You can ask the executors for an account of the administration of the estate, but they will probably pass this to the solicitor who will then charge for writing a letter telling you there is a problem which they are sorting.