When the testator dies, the appointed executor is tasked with distributing assets from the estate to the beneficiaries according to the terms of the will. The process does not always go smoothly, however, and in some cases the executor may refuse or withhold a distribution. E xecutor misconduct is serious. When an executor is withholding an inheritance, not communicating with beneficiaries, or taking too long, it’s easy for beneficiaries to get frustrated.
Feelings of helplessness and lack of control can lead to anger and even ruin relationships. However, it might also be due to executor mismanagement.
Can executor withheld assets from the beneficiary? Can a beneficiary take the executor to court to? Can beneficiary of a will be revoked?
If refuse there is a relatively straightforward process for obtaining a Court order so the Executor must produce an inventory and an account of the transactions of the Estate. My grandmother passed away years ago and my brother still refuses to pay the money left to me. She refuses to pay out any of the money to the others. She waited until one of her sisters died from cancer, then announced she’s keeping that. Executors are not obliged to tell beneficiaries anything until they come to pay out.
Beneficiaries who are unhappy with the executor have the right to request that the court remove the executor and appoint a new one.
Since the executor let the beneficiary delay giving the car to auction, the estate must pay the rental fee for another month. The mistake the executor made was allowing the beneficiaries to negotiate who got the car. Once it was determined that the spouse couldn’t afford the car, the executor should of let the car go to auction. Real Estate, Landlord Tenant, Estate Planning, Power of Attorney, Affidavits and More! All Major Categories Covered.
The executor cannot refuse to pay properly documented debts. They do not have to pay them personally, the money comes from the estate. If your brother is the executor and you know for sure your legacy is £50 first write to him requesting payment, including the statutory interest which is now due. Court’s will refuse to remove an executor when good-faith is taken on behalf of the estate.
While the Executor work on behalf of the beneficiaries, there are reasons why some judges will remove the Executor. Infighting between Executor and Co-Executors. Failure to comply with the terms of the Will. Like it or not, you will have to pay.
In addition, if a dispute arises – for instance, if the beneficiaries challenge the executor ’s account – they would have the right to discovery, meaning that they could ask questions and get copies of. In the recent High Court case of Heath v Heath, Timothy Heath, an executor and beneficiary of his mother’s estate, was removed as executor because he had raised a dispute to contest the will. The court’s decision to remove him as an executor was unusual, because Timothy was not at fault through his actions. They owe a duty to all of the beneficiaries of the estate to administer the estate with due diligence and in accordance with the will’s terms.
What are an executor ’s duties?
If you are a beneficiary and the Executor refuses to disclose the Will or discuss your inheritance then you may need to instruct a solicitor to make a formal request in writing. Your solicitor will then advise the Executor of the consequences of not disclosing the Will. A contingent beneficiary is a beneficiary who will receive the benefits if the primary beneficiary has. Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now! If a beneficiary refuses to sign the release, then the executor has the right to file his accounting with the court and obtain court approval of his accounting.
The timing of the request in relation to making any distributions is important. We would first file a petition or an accounting of an estate, to get an idea of what the executor is claiming is left for distribution. The estate is responsible for settling outstanding claims prior to the determination of what remains to distribute to beneficiaries.
It is a common practice to get a signed release before or on presentation of distributed assets to beneficiaries. Unless amicable decisions can be reached among all of the beneficiaries, the executor may be. A Lawyer Will Answer in Minutes!
Questions Answered Every Seconds.