Uncooperative Beneficiary

Discussion in 'Wills, inheritances and gifts' started by Unasmum, 13 Apr 2018.

  1. Unasmum

    Unasmum Registered User

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    My late father in law died 12 months ago and probate was granted at the end of August 2017. His estate has now been liquidated, the executors have signed the final estate accounts and agreed to distribute the estate to the residual beneficiaries, of whom there are 16, mainly grandchildren who could really make good use of their inheritance.
    Back in January all 16 beneficiaries signed an indemnity document, agreeing not to make any further claim against the estate. At the beginning of March, copies of the estate accounts were sent to the beneficiaries, who were asked to agree them, prior to the monies being distributed; 15 have signed but the 16th, one of the grandchildren, has not responded. He has not queried the accounts and has ignored 3 reminders to sign; he just hasn't been in contact at all. We don't know what his problem is, but he lives in Spain so there could be local tax implications that he is trying to clarify.
    The executors decided early on to employ a solicitor to guide them through the process and the solicitor is waiting to recieve all the agreements before she makes the distribution. I know that residual beneficiaries are entitled to see the accounts and, presumably, query them but can one beneficiary delay distribution indefinately by not signing off the accounts?
    As he has already signed an indemnity it is not possible for the executors to instruct the solicitor to pay the other beneficiaries their share and keep his until he decides to claim his.
    Thank you for reading
     
  2. mathepac

    mathepac Frequent Poster

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    6,556
    Are you located in Ireland? I can't remember ever hearing of a document indemnifying executors.
     
  3. Vanilla

    Vanilla Frequent Poster

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    4,103
    Usually the indemnity is signed by the bfs after receiving the estate accounts. This indemnifies both the executors and the solicitors. It does happen from time to time that one bf does not sign, for whatever reason. My view is that if the bf has been given a reasonable opportunity to view and, if applicable, question the accounts, I will notify them that I intend to pay out the other bfs and will pay them on receipt of their indemnity ( and tax clearance where a non resident bf). However the ultimate decision on this is the executors.