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Moving on after my mum’s death

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Jessbow

Registered User
Mar 1, 2013
3,073
West Hertfordshire
He has distributed the 2 largest amounts of money to other beneficiaries in the Will. He can’t do that & then tell me the DWP have told him not to distribute the estate as he has distributed the estate anyway so he is contradicting himself.
There is still money in the estate pot to cover the DWP payment.
But you have already had a massive chunk.( at your insistance)
He is absolutely right to hang onto whatever is left, be it £10 or £50k until all the debs to the estate are settled.

Really he is doing nothing wrong!
Really, he snt

Presuamably you are named to inherit the residue of the estate- that is what is left at the end. You have to wait until the end
 

Louise7

Registered User
Mar 25, 2016
2,373
He has distributed the 2 largest amounts of money to other beneficiaries in the Will. He can’t do that & then tell me the DWP have told him not to distribute the estate as he has distributed the estate anyway so he is contradicting himself.
I can't see how he is contradicting himself :confused: He should never have distributed any money prior to all debts being settled, but he did. Now that the DWP have informed him that he shouldn't have done this he is right to cease distributing the remaining funds until the DWP matter is settled, regardless of how much money is left in the pot.
 

clarice2

Registered User
Mar 13, 2016
54
I can't see how he is contradicting himself :confused: He should never have distributed any money prior to all debts being settled, but he did. Now that the DWP have informed him that he shouldn't have done this he is right to cease distributing the remaining funds until the DWP matter is settled, regardless of how much money is left in the pot.
I have followed this thread with interest as my husband died about the same time and I handed over responsibility to the solicitor who was named, with me, as executor. He has needed my input and signature a couple of times but other than that I have not bothered him. He now says that he wants me to sign a form and then he is ready to pay out bequests and any bills. This includes a DWP bill and his own fees. The residue cannot be paid out until everything else has been paid. A term used is the executors year. They have to allow time for any claims to be made against the estate. Your executor was correct, after probate, to pay out bequests but as you are to inherit the residue he should not have paid out to you. You should have your money when everyone else has had theirs.
 
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notsogooddtr

Registered User
Jul 2, 2011
941
I hope you are reassured that the executor is acting properly. He is acting on behalf of your mother's estate not you and as others have said your inheritance is the residue ie whatever is left. It's frustrating when you need the money but that is not his fault or responsibility.
 

Kikki21

Registered User
Feb 27, 2016
2,268
East Midlands
I agree (as an executor for my mum) that, as some posters have stated, there's no way the executor should be paying out an inheritance in dribs and drabs. When probate is finalised the estate is distributed to everyone due to inherit, at the same time, (in the UK). If interim payments before probate are made they can't come out of the estate.[/QUOTE)

Probate was granted back in July last year. The issues only seriously began when the DWP got involved at the end of September.
Executors DO have the power to make interim payments - I have checked this out with several solicitors.
I agree Kikki, it does sound like he is now possibly afraid of not having enough money to pay DWP, and if I were in his shoes I too would be very concerned as he has not acted correctly, by paying out already.

What is taking them so long to give a final bill, did you speak to a manager today?

Let’s say for example there is £10k left in the estate and DWP issue a bill of £12k......he is going to be in serious trouble.

I honestly advise you sit tight now and hopefully as I said the bill will be finalised soon, and he can settle the estate.

Jessbow is spot on they are going to calculate her entitlement to PC based on her income, and all monetary assets.
However even when you have the final bill, I would still have it checked just to make sure they have calculated correctly.....mistakes can happen and I’m sure CAB will help.

There is still enough money from the estate if the bill is £5550 & there is still money left over. The DWP is the very last item to be paid off when we eventually get the bill.
My concern isn’t really now about that but how the executor has behaved as a whole.
He doesn’t seem to understand much at all - he has distributed the estate to the other beneficiaries so he can’t say to me the DWP have told me not to distribute the estate when basically he has distributed another bulk of it out. That is being a total hypocrite.
 

Kikki21

Registered User
Feb 27, 2016
2,268
East Midlands
You all seem to think that the executor hasn’t done much wrong but I have to disagree.
1/ He should have opened an executor bank account from the very beginning. I advised him to do so & he ignored my advice, telling me he didn’t have to. It was only because I got involved with the selling conveyancers & told them my concerns that they forced him to open this account before the sale proceeds transferred.
2/ Despite my requests for help, he did nothing to help me clear out my mum’s bungalow. Just wasn’t interested.
3/ He has also been rude & obstructive to my other family members in respect of the will & paying out the bequests.
4/ He never told any of the beneficiaries that they were beneficiaries. In fact, his dad told one of my cousins they were a beneficiary. He should have told them within 3 mths of probate being granted.
5/ He should not have undertaken the task of being executor if he doesn’t understand English either spoken or written.
6/ He is trying to press ahead with a second funeral when none of the family members are in agreement about this as regards the grave & has set money aside for this from the estate when the will clearly states that it is not for him to organise. The fact that he has lied to me is a serious matter when saying to me that my cousin Jan has given his permission for the grave to be opened when he has not done so & will never do so. For me, he has totally broken his fiduciary duty as he is in a position of trust & that is completely broken.
7/ He has tried to blackmail me - I’m not going to go into details but he definitely has.
8/ He tried to get his “solicitor friend” involved in the Will who was very rude & would not tell me her fees which she is legally bound to do & that is off the top of my head.
 

Jessbow

Registered User
Mar 1, 2013
3,073
West Hertfordshire
You have missed his biggest Faux pas, Kiki, He has distributed the money before he's supposed to have done. Before ALL the debts to the estate are settled.
 

notsogooddtr

Registered User
Jul 2, 2011
941
I thank my lucky stars that when I acted as executor I was allowed to do it as I saw fit and in my own time. I could not have coped with being harassed by beneficiaries.
 

Kikki21

Registered User
Feb 27, 2016
2,268
East Midlands
I thank my lucky stars that when I acted as executor I was allowed to do it as I saw fit and in my own time. I could not have coped with being harassed by beneficiaries.
I’m sorry but I’m going to take umbridge to the word harrassed. I have tried my upmost to help this man. He was not the right person for the job of being an executor. Yes he probably didn’t realise what a huge undertaking it is & I can see that & that’s why I have tried to help him but when someone is stubborn & thinks he is doing the right things & isn’t & you try to steer him back then you are going to get a breakdown in relationships.
 

Kikki21

Registered User
Feb 27, 2016
2,268
East Midlands
You have missed his biggest Faux pas, Kiki, He has distributed the money before he's supposed to have done. Before ALL the debts to the estate are settled.
I will have to sort of agree & disagree with you. I think he could have made some interim payments to the 2 largest other beneficiaries because again there is nothing to say you cannot do that & I have definitely checked this point out as yes, you do have to have a degree of confidence that there will be money in the pot to do so after all debts have been paid off.
And I will say yet again that even if the DWP new figures stands then there is still money in the pot unless he’s spent it.
 

notsogooddtr

Registered User
Jul 2, 2011
941
I’m sorry but I’m going to take umbridge to the word harrassed. I have tried my upmost to help this man. He was not the right person for the job of being an executor. Yes he probably didn’t realise what a huge undertaking it is & I can see that & that’s why I have tried to help him but when someone is stubborn & thinks he is doing the right things & isn’t & you try to steer him back then you are going to get a breakdown in relationships.
Sorry you've taken umbrage. I'm sure you thought you were helping, not sure that is how he would see it. Your mother appointed him, whether you agreed is irrelevant tbh
 

Louise7

Registered User
Mar 25, 2016
2,373
I think he could have made some interim payments to the 2 largest other beneficiaries because again there is nothing to say you cannot do that & I have definitely checked this point out
Where did you check this point out - the internet? Finding nothing to say that you can't make interim payments isn't the same thing as following the Government's probate instructions which make it clear that interim payments should not be made.

The Government website states that the estate must not be distributed before all outstanding debts have been paid off:

https://www.gov.uk/probate-estate
 

Jessbow

Registered User
Mar 1, 2013
3,073
West Hertfordshire
Sorry you've taken umbrage. I'm sure you thought you were helping, not sure that is how he would see it. Your mother appointed him, whether you agreed is irrelevant tbh
i would imagine the chap is at his witts end. You say he hasn't a clue. Honestly? I am not sure Kiki has either

he has given in to demands left right and centre and really can quite see why he has resorted to being rude, if indeed he has.

Some of the gripes are really quite bizarre- for instance - the solicitor was NOT obliged to tell you her fees- you are not her client- he was.potentially.

You dont HAVE to open an exec account- its advisable for clarity- you dont HAVE to.
 
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