Beneficiaries

[Liz1949]

Can you please give me some advice this is my first time on the forum.
I am one of seven siblings, our mother has recently passed away she has left my brother and sister as executors to her small estate.
The executors firstly refused to give us a copy of the will. We sent them letters with no avail and then a solicitors letter they eventually sent me a copy of mum's will. Which I then emailed to the rest of my siblings. All my siblings have been paid their inheritance except my elder sister and myself. The executors refuse to give anyone accounts, and say we are only due £609 each, but they refuse to pay us anyway, saying they do not have to pay and are not going to. Although I only sent them three polite letters asking for my money, the Police have issued me with a Harrassment Notice, so now I cannot write again. What do I do?

[des8]

Re: Beneficiaries

Hi and welcome.
Sorry to hear of your loss and subsequent plight.

You say your mother passed away recently.
The executors are under no obligation to pay the legacies immediately, and generally not expected to pay within the first six months.

Are you a residual (apologies Residuary!) beneficiary?
If you are, you have a legal right to see the accounting of your mother's estate.

[Liz1949]

Re: Beneficiaries

Thanks for your reply, 5 of my siblings have received their inheritance and only my sister and I have not, what is a residual beneficiary?

[des8]

Re: Beneficiaries

Residuary beneficiary is someone entitled to receive a part or all of the Estate that remains after all debts andexpenses have been paid and all specific gifts have been distributed.
They are entitled to receivea copy of the Will and, in due course, a detailed accountingof all the assets and income of the Estate, the debts paid,the expenses incurred by the Executor, the specific legaciesand other gifts paid out, and the amount remaining in theExecutor’s hands

[Liz1949]

Re: Beneficiaries

Thank you for your reply and yes I am a resididuary beneficiaries what happens if they do not pay out and are they responsible for legal costs. Many thanks Liz ��

[des8]

Re: Beneficiaries

If it really comes to the crunch it's off to court, and if the court agrees she is being unreasonable the costs will be on her and not the estate.

[Liz1949]

Re: Beneficiaries

Thank you so so much for your help. You have been most helpful and informative. Absolutely brilliant. Elizabeth West.

[WillPro]

Re: Beneficiaries

Hi liz
did you go to court? Did you complete form N20, if so how much information did you have to give re why you were asking for the estate accounts? Any info you can provide re the process would be very much appreciated.
WillPro

[Liz1949]

Re: Beneficiaries

Hi WillPro, I have just sent all my papers off to the Country Court and they have posted them on to one of the executors who happens to be my sister. She is the person I am suing for my inheritance. So at the moment it's a waiting game. As to the information, I did contact the Court myself and they told me to send as much information as I had. I have sent all the letters from myself and my solicitor to the executors, also witness statements and letters from other family members, and also the information from my eldest sister's solicitor. The strange thing is that when my eldest sister's solicitor sent two letters to the executors they eventually sent her her inheritance but No accounts but now they are saying it was a gift NOT inheritance (ha ha) but still NO accounts but once in court they will hopefully have to provide all accounts. You would think it would be easier for them to send all estate accounts with my inheritance. I will keep you informed if and when we hear updates. Hope this answers your questions Regards Liz

[WillPro]

Re: Beneficiaries

Hi WillPro, I have just sent all my papers off to the Country Court and they have posted them on to one of the executors who happens to be my sister. She is the person I am suing for my inheritance. So at the moment it's a waiting game. As to the information, I did contact the Court myself and they told me to send as much information as I had. I have sent all the letters from myself and my solicitor to the executors, also witness statements and letters from other family members, and also the information from my eldest sister's solicitor. The strange thing is that when my eldest sister's solicitor sent two letters to the executors they eventually sent her her inheritance but No accounts but now they are saying it was a gift NOT inheritance (ha ha) but still NO accounts but once in court they will hopefully have to provide all accounts. You would think it would be easier for them to send all estate accounts with my inheritance. I will keep you informed if and when we hear updates. Hope this answers your questions Regards Liz

Thanks for that. Do all sides have to appear at court and then the accounts are just handed over or are they looked at by everyone and the judge makes a judgement, or are the accounts given to the court and the court sends them on to the complainant. Wish there was a leaflet or website that gave the basic details of the procedures without having to pay a solicitor. I didn't want to involve solicitors as the amount of missing money involved as not great but it is the principle that the executor will not meet and discuss things amicably as we think there has been an error and the executor doesn't want to admit it. Any further help you can give will be appreciates. Regards WilPro

[Liz1949]

Re: Beneficiaries

Thanks for that. Do all sides have to appear at court and then the accounts are just handed over or are they looked at by everyone and the judge makes a judgement, or are the accounts given to the court and the court sends them on to the complainant. Wish there was a leaflet or website that gave the basic details of the procedures without having to pay a solicitor. I didn't want to involve solicitors as the amount of missing money involved as not great but it is the principle that the executor will not meet and discuss things amicably as we think there has been an error and the executor doesn't want to admit it. Any further help you can give will be appreciates. Regards WilPro

Hi WillPro,
You do NOT have to go to a solicitor as you can do everything yourself. Like you, the money in dispute is small, but I contacted a solicitor and asked for advice as he had helped my son with a private matter, he was amazing but has retired due to illness. His costs were £250, but the executors just ignored him, so on a point of principle I have done the Court procedures myself. I have added the £250 to my claim!
From what I have been told, as you are the plaintiff, you can ask as many people as you want to attend Court. It's best to have a witness who can help your case or witness letters signed by them and witnessed by a separate individual who can verify that the person did indeed write this letter and has signed it. Also the other side can do the same.
I have sent two copies of all the correspondence to the courts, one for the judge and one for the defendant.
My sister is one of the executors of my late mother's estate and she has just received the Court papers. Sometimes just getting the Papers makes the other side pay up but in my case I believe she is going to fight the case. A defendant is given just14 days to write back to the courts informing them of their intention. So it's a waiting game. Regards Liz1949