Beneficiaries not been contacted

[Overthebow]

Probate has already been granted (6 months ago) and the will is downloadable. I have downloaded it and noticed I am named as a beneficiary for all household items. I have however not been contacted about this and the house and contents emptied and sold. What happens here, do I contact the executor, have they acted illegally? I have no idea what to do in this situation.

You can contact the executor to ask them what has happened to the items. the value of all household items would have been included in the probate application. Now you can download the will, you can also download the probate certificate before you speak to them.

I'm in Scotland and was an executor.

I didn't send out the cheques and other items until about a year after probate was granted. This was because the memorials had to be paid for out of the estate, and it took that length of time to have them erected.

Thank you. I have downloaded the probate certificate and it states the gross value of the estate and the net value but does not break it down or mention household items at all.

Thanks, I don't believe there will be memorials. Did you have to contact the beneficiaries? I'm in England so not sure if that makes a difference.

Also I do know the executor and they definitely have my contact details. My family aren't close though and I believe they have purposely not contacted me.

If the probate shows solicitors were used, it will have show details so contact them. If not contact the executor. Items are normally dealt with pretty quickly and more often than not before probate.

Thank you. Yes, I know that the house has already been cleared a while ago and no mention of this to me.

Does anyone know if the executor has to have notified the beneficiaries and if not where I stand with this? It's not even the money I care about (there isn't much), it's the principle of it now.

The beneficiaries were told after the death that money was coming to them, but I don't think that there was a legal requirement for me to inform them at that time.

I had to check whether the estate was owed any money and ensure that all outstanding debts - including the funeral - were paid.

Once everything was sorted out, I sent parcels of personal items - medals, jewellery, etc - together with a list of the contents and the solicitor told me what to write on the cheques. (There's a particular percentage of the moveable estate given to specific people here, if it's not superseded by the will.)

The solicitor then sent off the cheques with a covering letter. I could have done that myself, but there's a particular way of wording references to Legal Rights here.

I was glad that I'd used the solicitor: two of the cheques were declined by the bank...the recipients had waited a month before cashing them and the bank had then decided that I was being defrauded, apparently. (They phoned the solicitor to say that the cheques had "bounced". I got quite a fright when I heard that!)

I sorted it out with the bank and they got their money a week later.

Well, it is a bit different. There is no such thing as Probate in Scotland. We call a similar thing Confirmation. In Scotland, the laws of succession are different from England. As far as I am aware, the Executor is obliged to contact beneficiaries in either jurisdiction. The Executor has a legal obligation, as far as I am aware, to carry out the wishes in the Will unless they are varied by a Deed of Variation. I have executed three Wills in my time. I am thinking you don't have a close/good relationship with Executor if you are coming on here after downloading the public Will document rather than speaking to the Executor?

@Overthebow At some point the executors must contact the beneficiaries and pass on their inheritance.

As a pp has said if the grant of probate has a solicitors contact details, write and explain you are the beneficiary and ask when will you receive the household items. If there is no solicitor, write to the executor.

You may need to engage a solicitor as it sounds like the executors may have disposed of your inheritance.

You're right, I don't have a good relationship with the executor. I know they definitely have my contact details though.

A solicitor has been named on the probate certificate. Do you think I should contact them? I'm also thinking I should message the executor but not sure what's best to say. They have definitely got rid of and/or sold the house contents. Out of principle I want the money from this, or at least them to acknowledge they have done wrong. It's not the amount I care about as I know that will be low and I'll put anything into my DCs savings accounts, but it's really what they have done throughout the whole thing right from when my relative was unwell that has upset me and so I want anything owed.

Was there something in particular the deceased person left you that you'd like to have (sorry I don't mean to be blunt)? I think you may need legal advice (which can be an add-on to home insurance, car ins, under a trade union subscription etc).

I was very close to the deceased person, I would have loved something to remember them by. I do have legal advice through my house insurance and also my work benefits.

@Overthebow write to the solicitor. You need to keep this professional and without emotion.

Dear x

I am writing to you regarding the estate of x which you are administering.

I have downloaded the grant of probate and will from the Probate Registry. The will bequeaths me all household items. ( use the exact wording from the will)

As probate was granted on x (date) I would appreciate you letting me know when I will receive the household items.

Please let me know if you need me to forward evidence of my identity to confirm I am the named beneficiary.

Yours sincerely

@Overthebow I suspect your letter will come as a surprise to the solicitor. Depending on their response then use your legal cover to pursue the matter.

Sadly, it is likely the items you have been left have all been destroyed. They will have minimal value and so any cash alternative may be negligible.

I agree you should push for sentimental items such as photos.

So use the legal advice benefits. Good luck

Yes, it was Confirmation.

When I sent off the cheques (via the solicitor) I also sent off one cheque where there was no mention of the person in the will and no deed of variance. However the deceased had told me what they wished this younger family member to receive. (They hadn't been born when the will was written.)

I asked the solicitor to explain that this was the deceased person's verbal wish and the money for this bequest was taken out of the money left to me. The solicitor told me that there was no obligation to do this, but I insisted. Although it came from the deceased, legally and for tax purposes it counted as a gift from me.

This is really hard OP. Sone people are awful. Hopefully you have some good memories of your relative.

Hats off to you for doing the right thing. I did something similar. My father left a bit of a horrid Will which I had to mitigate with a Deed of Variation so the children he had a problem with (which wasn't their fault, it was his prejudices) got their fair share of his, albeit modest, estate.

You did well.