Beneficiaries of will

turbo

Registered User
Aug 1, 2007
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Hello, I hope someone can tell me who is responsible for distributing items or money to beneficiaries of a very detailed will and also informing beneficiaries of their bequests.?
Also who is responsible for getting live in 'carers' to leave the deceased's property when they are refusing to do so. The main beneficiary of the will is a church. ?


turbo
 

ITBookworm

Registered User
Oct 26, 2011
456
0
Glasgow
In general terms all the things you list are the job of the executor of the will. The executor should be specified in the will itself. Any costs to carry out the task (for example to 'force' the carers to leave) are chargeable against the estate left by the deceased before it is split up according to the instructions in the will.

If the specified executor is not a solicitor or other professional it is possible for the executor to 'subcontract' all or some of the job to a lawyer.

Hope that helps.
 

turbo

Registered User
Aug 1, 2007
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Thank you Saffie and IT Bookworm.
The executors are in their eighties and did not inform us that this lady had died until after the funeral even though she made specific provision in her will for people to attend the funeral.


turbo
 

ITBookworm

Registered User
Oct 26, 2011
456
0
Glasgow
An awkward one :( I know my will and hubbies specifies whether we want to be buried/cremated but I always wonder whether the will actually gets read before the funeral arrangements are made. It is possible it wasn't in this case, particularly if it was held by a law firm for safekeeping.
 

turbo

Registered User
Aug 1, 2007
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Hello IT Bookworm, that is a good point. The funeral was held 100 miles from where she was living, with a memorial service held in the town where she was living the day after the funeral. She wanted to pay travel expenses and provide 'a good meal' for those travelling to the funeral.


turbo
 

FifiMo

Registered User
Feb 10, 2010
4,703
0
Wiltshire
Hiya Turbo,

Whilst it is the executor's responsibility to administer the deceased's estate, this can not be done until probate has been applied for and letters of administration granted. Could this perhaps be why there is a delay? They also wouldn't be able to evict anyone until they have the letters of administration.

If they are not capable or not willing to do the executor's job then the main beneficiary can apply to administer the estate, if I remember correctly.

It could be that you would be best to get a solicitor involved but one of the biggest complaints there are about solicitors and banks etc is about the amount they charge for dealing with probate etc.

Fiona
 

sue38

Registered User
Mar 6, 2007
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55
Wigan, Lancs
Whilst it is the executor's responsibility to administer the deceased's estate, this can not be done until probate has been applied for and letters of administration granted. Could this perhaps be why there is a delay? They also wouldn't be able to evict anyone until they have the letters of administration.

In fact if there is a will the executors have the power to act straightaway (e.g. arrange the funeral) but as Fiona says, can't take any legal proceedings until they have the grant of probate. If the executors don't wish to act they can renounce probate, unless they have 'intermeddled' i.e. started to act as executors by, for example, instructing funeral directors.

It's often the case that wills don't get opened until after the funeral, so by all means put funeral directions in a will, but make sure your nearest and dearest know your wishes. We had one case where a client had stated in her will that she wanted to be buried, but by the time the will was read she had been cremated :eek:.
 

turbo

Registered User
Aug 1, 2007
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Thank you so much Fiona and Sue for your replies.
The will has gone to probate. But we have not heard from the solicitor dealing with the estate who has apparently gone on holiday for a month. I think our next step will be to write a letter to the firm of solicitors dealing with the estate as husband, BIL and MIL are minor beneficiaries. The executors seem to think the solicitor arranged for a house clearance firm to clear the house which is totally the opposite of what was in the will.

turbo
 

FifiMo

Registered User
Feb 10, 2010
4,703
0
Wiltshire
Turbo,

This might be a stupid question but does the solicitors know of your existance? I only ask because of not being notified of the funeral (which is explainable if the will wasn't read until after the funeral had happened perhaps). It is just when you said you heard that house clearance was to be arranged and that wasn't what was in the will, makes the first action less explainable and the second action look as though they are proceeding as though the beneficiaries are no longer around? I would write to the solicitors making sure they know who you all are and that you have a copy of the will and therefore know what should be happening!

Fiona
 

turbo

Registered User
Aug 1, 2007
3,852
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Hello Fiona, no it's not a stupid question. The executors have our addresses but seem very confused about where certain items have gone. We do not know if they have passed on details of all the beneficiaries to the solicitor. We will contact the solicitor to see what is happening.
Thank you for your reply.

turbo
 

sharina

Registered User
Mar 17, 2010
148
0
Beneficiaries

The Executors of a will will be responsible for distributing the estate with the assistance of the solicitor and the will will probably provide for a charging clause for these legal costs. An estate cannot be distributed before certain steps have been taken. Notice has to be given to ensure their are no debtors or potential beneficiaries who should be taken into account but not included in the will. Failure to issue these notices leaves a solicitor at risk if their are any claims for unpaid debts or dependancy against the estate. Obviously any tax has to be paid although it seems unlikely there will be any if the money is left to charity. Depending on the value of the estate a form 200 or 400 has to be submitted to the Inland Revenue when probate is requested from the Probate Court. The carers in the property would probably have been there on licence and so I guess the executors simply write to ask these people to leave. The solicitor has to account for all bequests and the residual estate and provide an estate account when probate is completed.

I would be amazed if the solicitor has been allowed an entire months holiday,it is very unusual in the profession.
 

turbo

Registered User
Aug 1, 2007
3,852
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Thank you Sharina for your reply. I will update when we have heard from the solicitor. We are sad because the will is so meticulous and the lady's wishes have not been followed. An item left to my husband was not at the house yesterday.

turbo
 

Saffie

Registered User
Mar 26, 2011
22,513
0
Near Southampton
Hello Fiona, no it's not a stupid question. The executors have our addresses but seem very confused about where certain items have gone. We do not know if they have passed on details of all the beneficiaries to the solicitor. We will contact the solicitor to see what is happening.
Thank you for your reply.

turbo

This does seem wrong somehow. When my sister and I were executors of my aunt's estat, we met with the solicitors who drew up the Will and it was agreed that they would settle all its monitory requests which they did - in due time. We had to clear the house and arrange for the items from it which had been bequeathed to be given to the relevant recipients, in readiness for the house to be sold. The proceeds from house were to go to Imperial Cancer. Once the house was sold, the solicitors satisfied all the financial bequests.
 

turbo

Registered User
Aug 1, 2007
3,852
0
Hello Saffie, thanks for your reply. It does seem wrong. The most recent will was 2009 so it shouldn't be difficult for the solicitors to contact beneficiaries.

turbo
 

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