Beneficiary Funds not received

[anney63]

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

 

Honeybee

i really appreciate your responses . I have no partner so have to deal with these things on my own . At 78 it sometimes is hard but then I lick myself up and carry on . 

[altosbestos]

Anney: send the executor a letter before action (LBA). State clearly you want a response of exactly what's "holding her" and why she has not carried out the duties as an executor. 

 

Give her 14 days, send it via registered post if possible.

 

If no joy, I would proceed and sue. 

[anney63]

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

[anney63]

Well at last I have received a response which says problem with DWP not really telling me much . I was under the impression that all this should be sorted prior to probate 

[altosbestos]

You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage.

 

I would recommend you do it today, start maintaining a paper trail. 

[honeybee13]

Hi Anney.

 

Let's give this a bit longer. With the best will in the world, altosbestos hasn't been here very long and we don't know much about them. It would be good to know what forum regulars think about what altos is advising.

 

HB

 

[Ethel Street]

Problems with DWP are a possible reason for the delay in paying beneficiaries. If for example DWP suspect that benefits paid prior to the deceased's death have been overpaid they have to right to recover the overpayments from the Estate. Until the Executor has agreed with DWP what is owing to them and paid them they cannot pay beneficiaries. Sometimes the overpayment of benefits, usually because the deceased had not given correct information to DWP, goes back years and can be a substantial amount. Possibly so much that there is no money left to pay other beneficiaries. When I've dealt with DWP on overpaid benefits you get a lot of threatening letters from them telling the Executors that DWP has a duty to recover overpayents to protect public money and will go to court to recover it if they have to. 

 

The bad news at the moment is it takes months to get anything sorted out with them. eg, just before Christmas I got a reply to letter I sent to DWP on a routine matter last February! Covid support has swamped them. I agree with HB that you should wait. And you might have to wait some time I'm afraid.

 

Of course if you don't believe the story about problems with DWP you might want to take action now. I can't say if it's true obviously, only that it is credible.

[altosbestos]

29 minutes ago, Ethel Street said:

Of course if you don't believe the story about problems with DWP you might want to take action now. I can't say if it's true obviously, only that it is credible.

 

I think she's being conned by the "executor", especially due to the ill will between the two. If I were in her position, I would take the executor to court, but different strokes for different folks, I suppose.

 

29 minutes ago, Ethel Street said:

Of course if you don't believe the story about problems with DWP you might want to take action now. I can't say if it's true obviously, only that it is credible.

 

She could outright apply to remove the executor, see Section 50 of the Administration of Justice Act 1985.

 

 

Edited January 27, 2021 by altosbestos

[Ethel Street]

That is not helpful advice to the OP in my opinion. From what OP has posted about her  own situation I doubt the OP is in any position to apply to the High Court herself and a solicitor's cost would likely exceed the £1,000 left to OP in the Will and not necessarily recoverable from the Estate even if successful. And if unsuccessful OP would be left with a legal bill for £'000s.

 

OP might want to reflect on this advice from a specialist law firm before following your suggestion

 

"An application to the court should be seen to be a last resort, and it is essential to try and resolve the issue without court intervention. ... These types of application are difficult, and a court will not remove an executor lightly because they will have respect for the deceased's wishes in appointing them. ...the court is not likely to remove an executor from his office if he has acted rudely or been unfriendly to the beneficiaries, or if he has repeatedly refused to give the beneficiaries information, or if he has been slow on settling the will."

[altosbestos]

I would wholeheartedly agree with the fact that involving solicitors will cost more than 1,000 pounds. 

 

If she cannot start proceedings on her own as a LIP, then she would need to take a more passive (but, alas, long) approach. 

[anney63]

I have been polite in my contacts but this is what I’ve got back . Shows what she’s like I’m afraid . I’ll just sit and wait . I’m not desperate for money just wanted to make sure they weren’t trying to con me as they have in the past .

 

DWP are dealing with the query. Obviously under under unprecedented pressure due to pandemic. I do not any help thank you.

 

To be honest I’ve had enough she’s now sent me this
Nobody else is hassling me. Your solicitor can contact mine you know who it is . Please do not contact me directly again. You have no idea what problems we have here

[anney63]

Sent a response asking for updates at the end of every month . If they don’t happen I will write to her solicitor I do know who it is but if they’re dealing with this why aren’t they keeping me up to date ? What a mess