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Thread: Estate sign off and distribution

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  1. #26
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    Default Re: Estate paid into court for distribution

    Are you asking how much is it to apply for probate to be granted?

    It is £215 all details how to apply etc HERE


    ​​​​

    https://www.carersuk.org/

  2. #27
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    Default Re: Estate paid into court for distribution

    No, the estate is ready to be distributed but executrix is not paying out. I thought I could apply to have the estate paid into the probate court so they can distribute it. I just wondered if there was a set fee for that sort of thing or if it could turn into a solicitor battle to get to that point. Hence possibly costing an awful lot of money.
    thanks.

  3. #28
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    Default Re: Estate paid into court for distribution

    This obviously follows on from your earlier thread.
    Your next step is to apply to the court for an order that she produces an inventory and an account of her dealings with the estate.

    If that doesn't bring her to her senses you may have to apply for her removal, and that can prove expensive.

    Why do you think it is possible to apply for the assets to be paid into court for distribution?

  4. #29
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    Default Re: Estate paid into court for distribution

    Thanks again Des 8. Sorry, I obviously misunderstood. I was referring to part of you're response in reply #6 on my other thread, where you mentioned -
    If she continues to refuse to distribute the assets, you could make application for a court to order the distribution.

  5. #30
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    Default Re: Estate paid into court for distribution

    Quote Originally Posted by des8 View Post
    This obviously follows on from your earlier thread.
    Quote Originally Posted by crustypants View Post
    Thanks again Des 8. Sorry, I obviously misunderstood. I was referring to part of you're response in reply #6 on my other thread, where you mentioned -
    If she continues to refuse to distribute the assets, you could make application for a court to order the distribution.
    Threads merged so there's less confusion xx

    - - - Updated - - -

    Des ... I believe it was this comment they are asking about
    Quote Originally Posted by des8 View Post
    If she continues to refuse to distribute the assets, you could make application for a court to order the distribution.
    xx
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  6. #31
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    Default Re: Estate sign off and distribution

    First you apply to the court that she produces an inventory and accounts for her actions

    Applying to the court for an order would, in the uk, probably set a precedent. The earlier comment I made I have just realised was following a Canadian court decision (sorry)
    It would have to be in the High Court and cost

    However, remember that probate was only granted back in February (I've just flipped back through the thread!) and, although your father passed away 8 years ago, the executor normally has upto 12 months after probate is granted before action is taken against them.
    So although you are feeling frusrated, you might find it difficult processing this.

  7. #32
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    Default Re: Estate sign off and distribution

    HI, an update to this is that the estate still hasn't been settled. In the will there is a £6000 inheritance due to my son to be put in trust until he is 21. The executrix solicitor told me that under section 32 of the trustee act 1925, I can take upto half of it for immediate use to benefit my son. I have notified the executrix that is my intention and now she has come back saying that before doing releasing any funds her solicitor has suggested having an indemnity letter in place, and she's not budging. Is this something she is supposed to get drawn up or is it for me to get drawn up? if its down to me, can I write one myself (obviously signed by me) or do I have to get one drawn up by a solicitor? I must admit, id never even heard of one before!

    Thanks in advance for any help or advice I'm given

  8. #33
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    Default Re: Estate sign off and distribution

    On the basis of your previous posts if you do it yourself the chances are the executrix (and her solicitor) will find fault with it!

    I would suggest having it drawn up by a solcitor, even hers.

  9. #34
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    Default Re: Estate sign off and distribution

    Many thanks again Des8. what I thought was a really basic and simple will and estate, she is managing to turn into epic proportions. Am I right in thinking an indemnity letter is purely to absolve her of any liability or wrong doing in the case of any mismanagement of the advanced money?

    Kind regards

  10. #35
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    Default Re: Estate sign off and distribution

    It is to cover her against claims that your son might bring against her in relation to releasing part of his legacy before he gains control of it himself.

    I understand that your son inherits £6000 when he reaches 21.
    In the meantime the trustee can use the money for his benefit.
    In this case you want them to release 50% of it to you so you can use it for his benefit.
    Obviously this means it goes out of the trustee's control, and a solicitor would be failing in their duty if they did not point out to the trustee the danger inherent in this course of action.
    If you should use the money for any other purpose than the benefit of your son........
    I am not suggesting for one minute that you would use the money other than for the benefit of your son, but a solicitor will always look at that risk.
    Perhaps the solicitor should also advise the trustee to effect a Trustee and Management Liability Policy

  11. #36
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    Default Re: Estate sign off and distribution

    The will actually specifies that the 6000 inheritance is placed in trust until he is 21 by his parents. So once the money is distributed, it is our decision where it goes, that sort of takes her out of the equation anyway surely.
    randomly, it was her solicitor who suggested to her to offer this option of advancing half to us. Maybe he sees it as a way of earning more reddies.

  12. #37
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    Default Re: Estate sign off and distribution

    If the will stipulates you, the parents are to set up the trust, I'm at a loss to understand why she needs a letter of indemnity.

    I'm tagging another beagle Peridot, a solicitor who hopefully can throw a light on this
    @Peridot
    Last edited by des8; 12th January 2017 at 19:46:PM.

  13. #38
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    Default Re: Estate sign off and distribution

    me too Des8, too be honest, I've been baffled by a lot of her stipulations of me, but I've tried to toe the line all the way along to speed up the process. at some point though I've got to stop and ask myself why does she keep delaying delaying delaying. as mentioned before, it is a really really simple will. it was just reall badly worded by her.

  14. #39
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    Default Re: Estate sign off and distribution

    Peridot is not on at the moment, but hopefully she will be able to assist.

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