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Full and final settlement - can anyone help me with some wording please so it sounds really Proff and legal?

8 replies

propertyvirgin · 16/07/2017 11:12

I am in a rock and a hard place.

I have some money to give to my DB in New Zealand from our late DF Will. I am executor. My problem is DB is a shifty aggressive character at the best of times.

If I it through a solicitor here it will cost £300 + or there $700.

Ideally I can try and get him to sign a deed of acceptance or something like that the problem is I don't know how they are worded.

I am assuming:

"I blb bla confirm have received the sum of £5000 as left to me in my later DF will due to me by the executors. I accept this is my full and and final settlement from the estate. "

??

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Collaborate · 16/07/2017 16:19

Not really. You prepare estate accounts and send them to him together with payment. Best to pay it in to his bank direct.

propertyvirgin · 16/07/2017 17:20

Thanks collaberate, what do you think mean you prepare for estate accounts, I have not heard of this!

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prh47bridge · 16/07/2017 23:01

As executor you must prepare estate accounts. These should show the deceased's assets and liabilities at the time of death, expenditure (inheritance tax, costs of administering the estate, any legacies of fixed amounts, etc.), income since the time of death (interest, dividends, etc.) and how the remainder of the estate is distributed. The British Red Cross have sample estate accounts here.

propertyvirgin · 17/07/2017 09:06

Thanks ph, but who am I preparing them for? Ie estate well under inheritance tax threshold, I am main beneficiary and the behest will be paid, I don't understand who I aim showing accounts too!!

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propertyvirgin · 17/07/2017 09:07

Is this if a % was left rather than a fixed sum? Because a fixed sum has been left.

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Lucysky2017 · 17/07/2017 12:47

You would be showing accounts to your brother. I did accounts along those lines for my siblings when our father died - not exactly in that format but showing what came in and what went out and what was left and how the sum we each got was worked out.

If money comes in later that no one knew about it might well then need to be distributed again to the heirs. Is he getting an awful lot less than you?

It sounds like in your case the brother gets a fixed £5k. In that case it would be a bit strange to want full and final settlement wording as that suggests there might be a lot more due to him you are trying to get out of paying. What you really just need is some proof he has had the money.

Just notify him of the will if he has not seen it - you could send him a copy - say you are now ready to give him the £5000 he has been left, ask for his bank account, perhaps ask for it by email and post so you are sure it is going to the right person and ask to see a bank statement as proof too as the money is going abroad, make sure you send the full amount by bank transfer and you pay all the bank charges and perhaps slightly over pay as he may have bank charges on receipt, email the day the money is sent and ask for a read receipt and enclose a SAE airmail letter for him to return also by post his confirmation of receipt of cleared funds.

If you are getting loads more than he is and he is in need and dependent on your father though he might have a claim under English law for more but he woudl have to bring that claim. It is unlikely he will if he is an adult.

propertyvirgin · 17/07/2017 13:09

Lucy thank you. That makes much more sense if some one was left say 10% shares rather than a fixed-amount.
I have a spoken to a few solicitors and there has been much confusion!

I think I will just go down bank payment route. Unforeseen I don't think he would give me me written receipt of the funds. He has already been as nasty and vicious as anyone could be overweight the whole [thing. This is my big problem. Sad he won't play ball, won't do this or that. I will just pay by bank and if he says he has not got it, at least I have bank trace.
The other's thing that worries me is if he asks it to go into wife's account
Then tries jiggery-pokery that way? I wife-to-be says they ate nor together ordered something... Am just wanting to become shot of him, we didn't speak before the death and having to deal with him since is distressing for me.

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propertyvirgin · 17/07/2017 13:10

He has seen the will.

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