Distributing a will

[Britishsummertime22]

If the Executor is given the lump sum of the estate and is supposed to administer it according to the will to the named people and doesn't but instead keeps it all, what do you do?

Are you a beneficiary?
Have you seen the will?
How much time has elapsed since the death?

Executors have 1 year to administer the will and distribute any proceedings to beneficiaries. You can't press them to distribute before that 1 year has lapsed.

An executor is not entitled to keep it all, where other people are named beneficiaries.They have to distribute in accordance with the terms of the Will within a year.

The executor does not have to distribute the estate immediately. If they are simply holding onto the money while they administer the estate, there is no problem. They are entitled to do that. However, they cannot ignore the will and keep it all for themselves. If that is what is happening, you need to consult a solicitor.

Like others say, are you a beneficiary, who is the executor, have you seen the will and have all debts and asset accounts been finalised and approved. Beneficiaries are usually the last to be paid. When you say the lump sum, has the executor paid themselves the final amount and ignored the will?

I am named in the will so I assume that makes me a beneficiary. Sorry, I'm completely new to all of this.
I have seen the will and it lists what amount should be left to which person.
The person died 3.5 years ago but the executor has only just sorted it all out.

The executor can only distribute to beneficiaries if there is enough money, all debts , tax, bills, need to be paid first, do you know the executor and why its taken so long. Was there any delay due to covid or their personal circumstances. Are they family, friend, solicitor.

The executor has to keep accurate accounts and a full record of the estate and its distribution. But of course if they lie it is very difficult to disprove untruths without evidence.

Have you seen the Will?
Have you had any contact with the executor?
What was the amount that you were left?

Also, have you seen the grant of probate?

It's taken so long due to their personal circumstances.
The Executor is a relative of mine.
The amount I was left was 30k
I have seen the Grant of probate

As long as the estate nets enough to be able to pay the legacies, then they'll have to give it to you

It's taken 15 months to finally distribute monies from DFs will because of waiting for probate (10months!) and then a house sale (which couldn't obviously exchange/complete before probate had been granted). We waited until all monies had been paid into the executor account and taxes/debts paid before the remaining monies were passed on to the beneficiaries. However 3.5 years is excessive (unless the probate was contentious because of IHT, or there's a house to sell) and if you've not heard from the executor maybe a letter chasing up the matter from your own solicitor might elicit a response?

If tell them that I would appreciate the £30k by the end of August OR an explanation for the delay and a timescale.

I’d be courteous but I’d be very clear that I’d want my £30k unless the entire estate had been taken by way of legal fees/debts to HMRC etc. That being the case, I’d want proof.

Engage your own solicitor if being courteous does not work.

Would Action Fraud be interested in this? I don’t know. …

But what do you do if they just don't give it to you?

I think you are supposed to wait until 6 months after Probate granted, when was that

You'd have to take them to court.

Have you asked them. Have the accounts been finalised, tax paid, outstanding utility bills paid. Are they wilfully withholding it from you or not giving it to you yet until the accounts are finalised. When was Probate granted, are they the sole executor.

You would have to send them a pre-action letter stating that if they do not respond in 7 days you will be making an application to court.

It is best to use a solicitor, but you don't have to - you can make the application in person if you have decent admin skills and a basic understanding of the law.

How frustrating to think I'm going to have to spend out on a solicitor now.

have you formallly asked them what’s the hold up if they are family surely you are in contact. That’s all a solicitor would do to start with but charge you for it. Surely the executors reaction first would determine if you have to spend on legal advice.

No they dont, there is no timescale to distributing an estate in UK law.

That’s very common. It took me 2 1/2 years to distribute my mum’s estate.

Yes we are family but we have an incredibly difficult relationship and are basically non contact.

Can you email or message them instead so you don't need to talk, ask them when they expect to be paying you as a beneficiary as you are aware probate has been applied for/granted.