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Thread: Beneficiaries rights

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  1. #1
    3956's Avatar

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    Default Beneficiaries rights

    Can a beneficiary see the last four years bank statements of the deceased?

  2. #2
    wales01man's Avatar

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    Default Re: Beneficiaries rights

    Why?

  3. #3
    Peridot's Avatar

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    Default Re: Beneficiaries rights

    Hi,
    Beneficiaries don't have an entitlement to see pre-death documentation. Residuary beneficiaries can ask for and it is good practice to provide estate accounts, prior to final distribution of the estate, but there is no legal requirement for estate accounts to be produced. Estate accounts if forthcoming will only show the date of death values in any event and that is all that is relevant for the purposes of obtaining a Grant and dealing with inheritance tax etc.

    If you are querying what has happened to someone's assets before they died, unless you believe for example, that an attorney has not been dealing with someone's affairs correctly, it is up to the deceased what they do with their money before they passed away.

    As Wales01man said, why do you want the statements?
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  4. #4
    SmurfEater's Avatar

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    Default Re: Beneficiaries rights

    If you are planning to contest the Will before Grant of Probate, do the legal costs of the proposed executor come out of the estate?

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    wales01man's Avatar

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    Default Re: Beneficiaries rights

    YES they are acting for the estate not them selfs

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    SmurfEater's Avatar

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    Default Re: Beneficiaries rights

    Thank you for your prompt reply, that is really helpful for my issue.
    I am executor of my Mothers estate and a caveat has been put on probate by my sister, but my sisters solicitor has stated I can not use estate money as at the moment I am 'merely a beneficiary'

  7. #7
    wales01man's Avatar

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    Default Re: Beneficiaries rights

    As a beneficiary and executor things may be different best to wait for further advice from here there are some very knowledgeable beagles to come

  8. #8
    des8's Avatar

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    Default Re: Beneficiaries rights

    You should set up an "Estate Account" at thebbank.
    Out of that estate expenses, eg funeral costs, insurance premiums, utility bills can be paid.
    Your own expenses incurred as executor are then claimable from the estate after probate has been granted.
    You do not have access to the estate funds until after probate has been granted

  9. #9
    SmurfEater's Avatar

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    Default Re: Beneficiaries rights

    Thank you, Wales01man and Des8!
    Estate account has been set up and funeral costs, and insurance bills have been paid out of this, the sooner this caveat mess is sorted the better.

  10. #10
    3956's Avatar

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    Default Re: Beneficiaries rights

    thank you for your reply, I'm the joint executor with my sister and along with our brother, who is a beneficiary, we all receive a third equal share of our mothers estate. Our brother believes she had other money we are withholding from him. But truth be known she gifted in the last four years of her death to who ever she wished. His solicitor is demanding we show the last four years statements so he can see how she spent her money. We have refused and hope that is the right thing too do. Thank you again

  11. #11
    des8's Avatar

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    Default Re: Beneficiaries rights

    They are jumping the gun a bit.
    The time to raise these queries is after probate has been granted.
    If your brother has concerns about hidden assets then is the time to raise them.
    When completing probate forms you declare the value of the estate (including cash gifts made in the 7 preceding years) and until then he can't know if you are with holding information.



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