Beneficiary Funds not received

[anney63]

Hi Again

I have been left a small sum £1000 in a will.

The probate was received on 22nd May.

 

THe deceased only had a bank account so there was nothing un usual in her will.

 

To date I have received no contact from the executor since the day she texts me to say that her mother had died.

THere has been quite a bit of ill will between us.

 

My mother in law changed her will and she did not receive the sum she expected.

Can she hold this money ?

if she does what can I do .

 

My belief is she will find some way of not sending it to me

. If there is not enough money which I know there should be, should the funds be split pro rata to all beneficiaries.

What can I do ?

[BankFodder]

Yes of course you can oblige her to give you the money. I'm not quite sure what cause of action you would need to rely on if you had to go to court. In terms of how much you are entitled to receive if there is not enough to go around everybody, I would have thought that it would be allocated in proportion – but I'm really not sufficiently sure of my ground to say for certain.

Maybe somebody else will come along and give more precise advice – and maybe the answer will occur to me through the day

[BankFodder]

I've had a quick look at the Internet and they reckon that even for a simple will it could take nine months to 12 months for everything to be organised and funds to be distributed. So you may be a little bit early. Why don't you contact the executor very gently and ask them how is it going and when did they think it might be finished. Maybe it will help if you express some appreciation for the task that they've taken on – because it can be quite complicated

[hightail]

Probate isn't cleared funds and I can confirm it's taking much longer than usual.  Even a simple bank account can take over a month and NS&I are taking around three months to release funds to executors.

 

I've only just paid out on the will of my aunt who died on 2nd March and I held an LPA for her so knew exactly what was where and the financial institutions already knew my identity.

Edited September 22, 2020 by hightail

[dx100uk]

she cant withhold the money once it's released no. and there are very serious legal consequences should an executor ever do so..

but as said it can take months.

 

my next door neighbours parents died in very quick succession back in 2007, 

he was mentioned in both Wills

the mothers will was initially ofcourse taken care of by the father, but 1mts in he died too.

 

the fathers will was all sorted in 4mts

the mothers took 18mts..go figure!!

 

[anney63]

Still no news . Im going to wait until the year is up. Ive not even been notified of anything but I know for sure the £1000 was  left to me. Thank you for all you help. No idea what to do if they dont pay me but ill cross that bridge when necessary

[honeybee13]

Do you know if probate has gone through? You can check on the probate office website. 

 

HB

 

 

[anney63]

Yes probate was granted on 22nd May . 

[honeybee13]

Right. So have you got a copy of the will? You can get one online but I think it costs £10.

 

I'll see if anyone on the site team can help.

 

HB

[anney63]

Yes I have only £1.50 . It’s not the money it’s this old lady WOUKD be heartbroken .she was my mother in-laws twin and we took her only holiday abroad every year and even when my husband died I did so much for her . I would rather give the money to charity 

[honeybee13]

I'm not sure what your last post means exactly, but do you have a copy of the will that says this lady wanted to leave you £1,000 please?

 

HB

[anney63]

Yes I do I got on government website for 1.50 

[honeybee13]

Thank you. So the will says you were left £1000 and was there enough in the estate to pay all of the bequests? Last time I saw a will from the website it said how much the deceased left.

 

HB

[anney63]

From what I see yes but even if not it should have been proportional . I’ll wait but just wondered what my recourse will be or will they just get away with it ??? Not even given me the courtesy to keep me informed . Last contact was thanking me fo flowers sent to funeral couldn’t go as was right at beginning of coronavirus watched on stream was upset . I don’t Have a lot of money but I don’t particularly need it just know this lady would really be heartbroken her daughter treated me like this . There’s still time let’s wait and see !!!

Edited October 11, 2020 by anney63
Added

[anney63]

Well I bit the bullet and sent a really polite message asking if all was ok and requesting an update . No response so far so let’s see what happens . If and when this is received a donation will certainly follow . Thanks for responsed 

[anney63]

Well I feel I’m just being ignored but will give until end of week . I know this person and she thinks she is above the law . I’m keeping it very polite even said I hoped she was coping ok in the current environment . I think the next text at end of week will ask if she would prefer I contact her via solicitors . 

[anney63]

Well hi again did eventually receive a response. JUst said I,m having some difficulty with settling Mums estate as soon as this is resolved you will receive your bequest. Didnt state what the problem was. I have a copy and all looks quite straightforward ,there was no property involved .

Today I requested more information as I am finding this really odd now .

Does she need to tell me why theres a hold up ?

If this keeps up can I demand the money via County Court ?

[honeybee13]

Was this by email, Anney? You could follow up with another email and ask for the extra details you want.

 

HB

[anney63]

No by whatsapp. kept all copies on screen prints

 

[anney63]

I have taken your advice and ask for details of the hold up. Is she legally bound to advise me of this . IT such a small amount but its principle. I know her mum woud have wanted me to have the £1000. 

[honeybee13]

I'm not sure about the legal obligations atm. Is this a private individual or a solicitor acting as executor?

 

ETA: There could be information here that is of interest to you.

 

https://www.co-oplegalservices.co.uk/media-centre/articles-oct-dec-2019/what-happens-if-an-executor-doesnt-follow-the-will/

 

HB

[anney63]

I’ve been reading up on different websites . It appears that she should as a matter of courtesy keep beneficiaries informed . It just isn’t happening the other beneficiaries are her family . I just find it odd . There’s just 1 bank account no property involved it’s just straightforward bequests . I have quite nicely now asked for the reason for the hold up . If that doesn’t happen I will send her copies of info I’ve found which states her duties as an executor . It’s just ridiculous . 

[anney63]

I just feel I’m being kept in the dark which to me seems unethical . I just wondered if I can insist on an update and also copies of the accounts to date ??. 

[honeybee13]

I did ask if this is a private individual or a lawyer. It would be handy to know please.

 

HB

[anney63]

It’s an individual I haven’t been advised if a solicitor is dealing with things