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Does the benefactor of a will have the right to look at the finances?

10 replies

Haggertyjane · 01/01/2021 22:55

The executor is also a beneficiary and is gathering financial information and house valuation, to work out the estate value.

To date they are not showing the other (minor) beneficiary the numbers.

When if ever can these be known, and how do you know they are truthful?

OP posts:
KihoBebiluPute · 02/01/2021 07:45

The beneficiaries of a will can ask the executor to show them the accounts of the estate at any time. If they refuse to do so then that would be grounds to raise a dispute, potentially applying to the courts to have them removed as executor if you want to go down that route.

It is legal for the executor to also be a beneficiary but if they are also a witness to the will they are in trouble as they would then be ineligible to inherit anything.

Haggertyjane · 02/01/2021 09:26

@KihoBebiluPute The executors are not as good to know x

OP posts:
Haggertyjane · 02/01/2021 09:30

@KihoBebiluPute Sorry that made no sense. No, executors are not witnesses, but it's good to know beneficiaries can see the finances. Currently the executors, who are the major beneficiaries are withholding this information from the other beneficiary. They will see a solicitor on Monday so will be informed how best to go about getting this information

OP posts:
StCharlotte · 02/01/2021 18:58

I think only the residuary beneficiaries are entitled to see the estate accounts.

HeronLanyon · 02/01/2021 19:01

I e just been an executor - used a solicitor for all probate stuff.
All beneficiaries were sent the estate accounts and had to sign and return them before final distributions.

StCharlotte · 02/01/2021 19:03

Sorry hit post too soon.

So if you been left a "pecuniary" legacy of say £5000 rather than a share of the residuary amount, then you wouldn't because you would have no need to see them. You could obtain a copy of the will after probate if you felt the need.

StCharlotte · 02/01/2021 19:05

@HeronLanyon

I e just been an executor - used a solicitor for all probate stuff. All beneficiaries were sent the estate accounts and had to sign and return them before final distributions.
Normally only the executors would need to sign (approve) them.
HeronLanyon · 02/01/2021 19:13

Interesting. Using a big five firm so maybe they are crossing all dots etc ? Or fleecing me with unnecessary stuff !

Haggertyjane · 03/01/2021 09:09

He is a residual beneficiary

OP posts:
StCharlotte · 05/01/2021 22:22

@Haggertyjane

He is a residual beneficiary
Okay. The solicitors/executors will be gathering all the financial info then they will apply for probate.

After probate is received, then the assets will be liquidated (shares sold, house sold, accounts cashed in etc.).

Then the estate accounts will be prepared and approved by the executor[s].

Then residuary payments will be made. We don't send estate accounts to residuary beneficiaries who are not also executors as a matter of course but obviously we send them if they request them.

It sounds like it's fairly early on in the proceedings, especially with a property to sell, so it could take a few months yet.

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