Unfulfilled bequest

[Potofbegonias]

I've just found out that my late cousin's late husband left money to my late mother in his will. I have got hold of a copy of the will through the gov.uk site since hearing about this and it's all there in black and white. He also left money to my uncle. My cousin's husband died almost 10 years ago and my mother died the same year (but after him) so I assume it should then go to me as I was my mother's sole inheritor. It looks an awful lot like the executor overlooked the bequest. It's not life-changing money but it would be extremely handy. My uncle didn't get the money either; he's still very much alive and I can't think of any good reason why it shouldn't have happened. We're not in close contact with the executor but we have their address - do we write to them and say hey, looks like you forgot to give us several thousand pounds? We're in England if that matters.

Cousin: died a long time ago
Cousin's husband: died about 10 years ago, left money to...

My mother: died almost 9 years ago (after my cousin's husband died but before his probate was granted, if I've understood all the paperwork correctly)
My uncle: still alive
Me: hello

One reason why the bequest was not fulfilled is if there wasn’t enough money in the estate to do so. Have you seen a copy if the probate? The executor is legally obliged to distribute the estate per the will. That’s your first port of call - contact them and ask for estate accounts.

Yes, I have a copy of the probate and there appears to have been plenty of money.

As the previous poster says, you should start by contacting the executor and asking for a copy of the estate accounts. If the executor refuses to supply accounts or the accounts show that the estate was distributed incorrectly, you should consult a solicitor who deals with estate disputes.

It looks pretty clear from the probate that there would have been enough to cover the two specific bequests (it was £x to my mum, £x to my uncle and then the rest to go to the executor). The bequests are tiny compared to the total value of the estate. Could I just write to the executor asking for the money rather than first asking for the accounts? Is there anything to be lost in doing so? Would rather not pay a solicitor if I can avoid it, though will obviously do so if it's necessary.

Have you checked the precise wording of the will ? There may be a clause which states that in the event of a beneficiaries death the bequest dies with them I.e. that their share goes back into the estate for distribution among the remaining beneficiaries or does the will specifically state in the event of the beneficiaries death the bequest goes to their children ? If the will doesn’t specifically say that it passes to their children it can be interpreted that the funds stay in the estate for the residual beneficiaries.

From the pattern of events it sounds like the executor chose to misuse their powers. I'd coordinate with your uncle to avoid them trying to use your mother's death as an excuse (if you were your mother's executor then you can write to them as your mother's executor...).

@Aligirlbear is that the case where the beneficiary dies after the deceased?

You should take this step by step.

Ask him for the estate accounts and take it from there. Doesn't mean you'll necessarily have to hire a solicitor. If he's got nothing to hide, he'll send them to you. If he does, it seems unlikely a request outright for the cash will get you very far anyway.

If he does send the accounts and it has been distributed incorrectly, there is nothing to stop you from asking him to rectify the mistake then.

In short - several potential steps before you'd need to pay someone.

Not sure if there is a DIY option here too but @prh47bridge may know.

It is always possible to do it yourself. I certainly wouldn't bother with a solicitor when asking the executor for the estate accounts. If those show that the bequests have been missed, I would recommend just asking about it without involving a solicitor. However, if the executor fails to respond or is obstructive about paying, I would recommend consulting a solicitor. A solicitor's letter may be enough to persuade them to pay.

In my will there are 'survivorship' clauses ie the beneficiary needs to outlast me by 28 days and if they dont it then says what happens to their share of the estate