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Legal matters

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Beneficiary not signing off estate accounts

8 replies

kimberleytiaravonlobster · 29/07/2025 19:36

(Long time lurker/reader, and first time poster. Please be patient with me)

I am the sole executor of DF estate, with sib and I being the only beneficiaries. Sib and I have always had a problematic relationship, and there is a long backstory regarding the estate. In summary though, sib had wanted to postpone the sale of the family home for possibly several years to fit in with their plans (neither of us have lived there for 30+ years), so was furious that as executor I took the decision to sell.

The executor’s year is now over, and property is long gone. I sent the final estate accounts to them to sign off three months ago, with reminder letter/email a month ago, but they have not returned them, or indeed made any contact at all. I had already made several interim payments to the both of us, and have said that the balance of their monies (about 20%) will be forwarded to them once the estate accounts are signed off.

Am very worried about the radio silence from sib, and what might happen next, and whether I need to take further legal advice/apply to the court. I understand that it is not a legal requirement to have beneficiaries sign off accounts but that it is recommended to head off potential challenges in the future. On this basis, any advice would be gratefully received about what kind of legal protection is offered in practice by having these accounts signed off. Or, how exposed am I leaving myself if I pay out the remainder of the monies without them signing off? I don’t believe they have any kind of grounds for a legal challenge, but that might not stop them. They have promised revenge of some non-specific kind (to paraphrase), so would I be stupid to proceed without their signature?

What kind of timescale do I have as executor to pay out the monies, when I am trying to contact them and they are not replying? Am I failing as executor if it drags on indefinitely, and then ironically am I giving them grounds to sue me for not releasing funds? And, if I am forced to take legal advice about this, can I deduct the whole cost of this from the sib’s monies?

I really want to bring this matter to an end, so am tempted to just release the final monies and hope them not signing is just a pathetic attempt to assume control, but after a couple of years of horrible behaviour from them, I want to be able to know there will be no comeback or further contact.

OP posts:
Soontobe60 · 29/07/2025 19:50

Really, you just need to pay them the money they are entitled to asap. They didn’t want the family home sold - you ignored them for whatever reason and sold it anyway. They’re hardly likely to be your best friend now are they?

kimberleytiaravonlobster · 29/07/2025 20:29

@Soontobe60It’s not their friendship I am looking for. Too many awful things have happened between us, and these contributed to my decision to sell. It’s the specific legal stuff I need advice on.

OP posts:
KimHwn · 29/07/2025 20:34

Sorry you're going through this OP, it's not what you need when you're grieving too. Have you had legal advice? I'd seek it, for peace of mind more than anything- you don't want the worry hanging over you.
Sorry about your dad.

CraftyNavySeal · 29/07/2025 20:43

IANAL but I would think that if you have evidence that everything due to them was given, you have record of everything then you should be ok.

Definitely worth speaking to a solicitor to confirm and put your mind at rest though.

Harassedevictee · 29/07/2025 20:52

I would send one more letter by recorded delivery with the inventory and accounts. Set out the dates you have previously send them for sign off.

Then add something like - If you disagree with the figures please provide full details by ??? I will assume that no response by this date means you accept the inventory and accounts and I will distribute the residual estate accordingly.

This way they either give details or their silence is consent.

dogcatkitten · 29/07/2025 20:58

Harassedevictee · 29/07/2025 20:52

I would send one more letter by recorded delivery with the inventory and accounts. Set out the dates you have previously send them for sign off.

Then add something like - If you disagree with the figures please provide full details by ??? I will assume that no response by this date means you accept the inventory and accounts and I will distribute the residual estate accordingly.

This way they either give details or their silence is consent.

Yes something like that, no reply by a certain date is assumed as full agreement.

If you are still worried talk to a solicitor and/or get a solicitor to send the letter, phrased in legalise, might be worth the cost for the peace of mind.

kimberleytiaravonlobster · 30/07/2025 09:02

@HarassedevicteeThanks for this specific piece of advice, and the comments of others. That really makes sense.

OP posts:
redfishcat · 30/07/2025 09:09

I’d do what @Harassedevictee suggests, the phrase about if I don’t hear from I will assume you agree is a very useful phrase.
Sorry about your loss and sorry your sibling is an idiot.

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