Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Quick question about probate

8 replies

WhereDoAllTheCalculatorsGo · 01/04/2015 15:57

I wonder if anyone will know, please. I have a grant of representation but the solicitor is refusing to give me my half of the estate unless I show the will as well, she says she has to ensure I am the beneficiary. Surely by being granted probate I have been given the right to receive the inheritance and distribute it?

OP posts:
Lisawantsacat · 01/04/2015 16:05

Nope, probate makes you the executor but the will may leave everything to other people. My dad's will named me executor, I got probate, then had to arrange to have his pension paid to my mum and his life insurance to my aunt. His will stated everything else was for me.... once I'd sold it at car boot sales I just about recouped the cost of the funeral!

WhereDoAllTheCalculatorsGo · 01/04/2015 19:24

Sorry, I wasn't quite clear in my op. I didn't mean receive as in 'keep', I meant gather all of the estate together and distribute it to the beneficiaries. I realise that the executor need not be a beneficiary, but being granted probate means that you have the right to collect the monies surely?

OP posts:
poshfrock · 01/04/2015 20:48

Why has the solicitor got the estate if you are the executor? Are they appointed jointly with you? If they ate acting in the administration under your instruction then they would usually undertake the distribution as well otherwise you've got to open an executor ' s account at the bank before the funds can be transferred.

WhereDoAllTheCalculatorsGo · 02/04/2015 10:33

It's a different estate. The solicitor is holding the estate of one person, I am executor of the estate of a beneficiary of the first estate.

OP posts:
titchy · 02/04/2015 10:45

So person A died and left their estate to B and C. Before A's estate was distributed B died and you are now distributing B's estate? Why does the solicitor want you to prove you're a beneficiary - you're asking for B's share in your role as executor not beneficiary - does solicitor understand that? Why can't solicitor just pay into an executor account?

WhereDoAllTheCalculatorsGo · 02/04/2015 13:00

That's exactly it titchy, thank you. It doesn't make sense does it? She says 'it's the law' and she 'has to make sure b's estate is distributed properly'
I'm pretty sure it's bollocks but she just keeps repeating herself.

OP posts:
LotusLight · 02/04/2015 13:33

However if you have an original will why would you not be prepared to show it? It is often good practice to ask for all kinds of ID and originals as there is much forgery about. Is it a problem to show the will?

WhereDoAllTheCalculatorsGo · 02/04/2015 16:40

Oh I will probably have to as I don't want to give the solicitor an excuse to charge more out of the estate. I'm feeling prickly though because the only reason there is a solicitor is because the other beneficiary wants to prevent me from inheriting.

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread