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Grant of Probate - help please!

17 replies

Guardsman18 · 02/07/2019 08:23

I hope someone can enlighten me. I have tried googling about this but can't find an answer that suits the question.

Does this sound strange to any solicitors or well informed people?

Grant of probate states 'not less than £xxx'. I have now been told that the estate (house has been sold etc) to be distributed is a lot less than that. I have asked for the estate accounts but they are not forthcoming. I appreciate that fees will have come out of the original amount but there weren't really any surprises.

I am unsure as to whether I can insist on seeing them?

If this post seems a bit vague, my apologies. I would appreciate any information.

Thanks

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Ceara · 02/07/2019 08:39

Are you the residuary beneficiary ie the person who receives the remainder of the estate once expenses, taxes and specific gifts have been paid out? Residuary beneficiaries are entitled to see the estate accounts and in the unlikely event the executors refused, can apply to court for an order.

Guardsman18 · 02/07/2019 08:51

Yes I am the beneficiary. There are no specific gifts, no taxes (assume you mean inheritance tax?) and then the bills.

Would I be able to bypass the executor and go straight to the solicitors? I assume going to court will take a while? I feel that there has been ample opportunity to be given the accounts, though at this late stage in the game, I'd rather not upset anybody if I can help it.

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Guardsman18 · 02/07/2019 09:18

Please?

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Kyogre · 02/07/2019 09:25

Interested to see the replies.

Guardsman18 · 02/07/2019 09:52

Well i don't seem to be getting many @Kyogre! Maybe posted in the wrong section?

Are you interested because you're in the same position or similar?

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notapizzaeater · 02/07/2019 09:53

Can you see on the land registry how much the house went for ?

Guardsman18 · 02/07/2019 09:56

Thanks for replying. Yes, I know what the house went for. I know what was in the bank.

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cheekaa · 02/07/2019 10:08

Could you please provide more details if possible about the relationship between the solicitors, executors and the beneficiaries.such as are any of these people the same. Who appointed whom etc.

prh47bridge · 02/07/2019 11:45

As Ceara says, as the residuary beneficiary (i.e. the person who receives the estate when everything else has been paid) you are entitled to see the estate accounts. If the executors refuse to provide the accounts, give them a deadline and make it clear that, if they continue to refuse, you will apply to the Probate Registry for an Inventory and Account Order which will force them to comply with their legal duty.

You cannot bypass the executors and go to the solicitor. The solicitor doesn't work for you.

Guardsman18 · 02/07/2019 14:41

Thank you for replying. I may be back but I feel a bit better about things now.

Executor 'allowed' me to ring the solicitor and he told me what you had said really - that as soon as the estate accounts are ready, executor will sign them, I will be sent them before any cheques are written.

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Guardsman18 · 02/07/2019 15:19

Oh just one more question for anyone who can answer - what other type of beneficiaries (other than residuary/residual?) are there, given that (I assume) all debts would have to paid regardless of who inherits?

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prh47bridge · 02/07/2019 15:26

The other type of beneficiaries are those that receive specific legacies, e.g. "I leave £1,000 to my brother Jim".

Guardsman18 · 02/07/2019 15:31

Thank you. There are none of those.

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Guardsman18 · 02/07/2019 15:34

I don't know why but the words residuary/redisual sounds like an afterthought. Thank you for clarifying.

I really appreciate it.

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Guardsman18 · 02/07/2019 15:35
  • residual?
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prh47bridge · 02/07/2019 16:09

"residual" means they get the residue of the estate (i.e. whatever is left over) after all debts, taxes, specific bequests, etc. have been paid. In many cases that is the vast majority of the estate, if not all of it.

Guardsman18 · 02/07/2019 16:32

Thank you for clarification. I really appreciate it.

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