Why the delay paying out?

Your Probate Questions / By

Delay in Paying Out

My husband is one of three main beneficiaries from his grandfathers will, there were smaller gifts left to other member of the family and friends, which have all been paid from the estate, however the 3 main beneficiaries have still not received anything.
All 3 have been asked to provide proof of id from a list of required documents, only my husband has done this to date, the other two beneficaries live overseas so have to seek legal help in providing proof to the uk solicitor dealing with this matter.
Will the remaining estate not be distributed until all 3 have provided id, the solicitor will not speak with my husband as he is not the executor, so we are in the dark (the executor is not very forthcoming).
We wondered whether my husband can insist that the executor request the solicitor pays the 3rd equal share to my husband or whether by law they have to wait ?

Jane

Probate Answer: delay in paying out

There is no legal reason why the executor (or solicitor acting) not to make 1/3 distribution to the beneficiary who has provided ID now.

However, they have the freedom to administer the estate as they  think fit.  If they feel that administratively it is best to get all the IDs and then hand out all the residue in one go, that is not unreasonable, unless there is an unacceptable delay in getting such ID from all the beneficiaries.

The beneficiaries are entitled to any interest earned on the legacy up to the date it is distributed and, if has to be held by the executor for any length of time, the executor has a duty to invest the money where it will earn the most interest for the beneficiaries.

We would certainly have made at least an interim distribution unless there was some doubt as to outstanding liabilities or assets or beneficiaries.

Peter at the Probate Department

Thank you for such a quick response, I will pass this on to my husband it has been very helpful.

Regards

Jane

 

Delay paying out.

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