How soon are will beneficiaries informed

[Tafia]

Hi folks,

Anyone know how long it might take after a death for the beneficiaries of a will to be informed, assuming solicitors are acting as executors?

A grant of probate has to obtained; how long might this take and would solicitors normally contact beneficiaries before probate is granted or after?

Cheers

T

[V8mate]

How much dosh do you reckon is heading your way then?

[Lurking Lawyer]

Depends entirely on how complicated the estate is to finalise.

The executors won't be able to notify beneficiaries how much they will receive until they've been able to confirm what assets have to be gathered in, what liabilities have to be settled before distribution and so on. It gets more complicated if the estate is in excess of the inheritance tax 0% band as the executors have to completed estate accounts and confirm how much tax has to be paid before they can make any payment out to the beneficiaries.

[JazD]

V8mate said:

How much dosh do you reckon is heading your way then?

Please try and be a little more sensitive at this difficult time. OP, please accept my condolences. Now how much dosh?

[Mobile Chicane]

If solicitors have been appointed as executors, they'll further protract the process with advertisements for creditors / any other potential beneficiaries to come forward, etc, etc. Expect to wait a year (or more) for any dosh.

[Jasandjules]

They may have to realise assets etc first (such as selling the house) before all the estate can be finalised. At the risk of being crass, your best bet is to contact the executors and ask them.

[Tafia]

V8mate said:

How much dosh do you reckon is heading your way then?

Maybe none sir. Lady had 2 nephews ( one is me )and one niece: the other nephew has done all the arrangements so far. He was her nephew because his mother was her sister and I am her nephew 'cos she married my uncle.

Thing is, my grandparents had four kids, they all eventually died and this aunty, who married into the family, has ended up with all the assets from my family's home whilst the grandparents direct children ended up with nothing. (other than the chap who married aunty who lived in the smallholding with aunty.)

Theft by marriage?

[Tafia]

JazD said:

V8mate said:

How much dosh do you reckon is heading your way then?

Please try and be a little more sensitive at this difficult time. OP, please accept my condolences. Now how much dosh?

I was hoping to inherit two fields next to my other fields thassall. She has left a bungalow worth perhaps £150K some cash (not a lot she told me)and these fields probably worth say £40K.

Gimme the fields, the other two can share the rest

[Tafia]

Lurking Lawyer said:

Depends entirely on how complicated the estate is to finalise.

The executors won't be able to notify beneficiaries how much they will receive until they've been able to confirm what assets have to be gathered in, what liabilities have to be settled before distribution and so on. It gets more complicated if the estate is in excess of the inheritance tax 0% band as the executors have to completed estate accounts and confirm how much tax has to be paid before they can make any payment out to the beneficiaries.

I am hoping the solicitors won't do the stunt of employing their mate the surveyor to do valuations as the whole estate is clearly below the IHT limit.

If she has made the solicitors the executors I guess they may charge perhaps 2% of the estate value as fees.

[Tafia]

Jasandjules said:

They may have to realise assets etc first (such as selling the house) before all the estate can be finalised. At the risk of being crass, your best bet is to contact the executors and ask them.

Aye I was considering that but could I be sure they would not tell the others that Tafia has been skulking around here looking for a handout.

My concern is the both brothers out of the four siblings married ladies from far away and, by inconveniently dying too soon, the brothers have allowed the family property to pass to the wives whilst the remaining siblings had nothing from the family home which was bought by my great grandfather.

Interestingly I have a copy of his will which says the smallholding must always remain within the family and "must pass from eldest son to eldest son"

I showed this to a local solicitor who said it was unenforceable!!
So what was the point of great grandfathers will?

[V8mate]

Reading through the thread now, you might want to order yourself a copy of this OP

[Lurking Lawyer]

Tafia said:

Interestingly I have a copy of his will which says the smallholding must always remain within the family and "must pass from eldest son to eldest son"

I showed this to a local solicitor who said it was unenforceable!!
So what was the point of great grandfathers will?

None. Once the property passed from your great-grandfather, the will ceased to have any effect. It can have no binding effect over the beneficiaries.

To achieve what he had in mind, he would have had to have put the smallholding into trust. The trustees of the trust would then have been duty bound to abide by the terms of the trust deed on his death and then again on the death of each following owner/occupier.

[Andy Zarse]

Tafia said:

V8mate said:

How much dosh do you reckon is heading your way then?

Maybe none sir. Lady had 2 nephews ( one is me )and one niece: the other nephew has done all the arrangements so far. He was her nephew because his mother was her sister and I am her nephew 'cos she married my uncle.

Thing is, my grandparents had four kids, they all eventually died and this aunty, who married into the family, has ended up with all the assets from my family's home whilst the grandparents direct children ended up with nothing. (other than the chap who married aunty who lived in the smallholding with aunty.)

Theft by marriage?

That all sounds dead straightforward then...

What does the will say? Are you entitled to the fields?

[Tafia]

Andy Zarse said:

Tafia said:

V8mate said:

How much dosh do you reckon is heading your way then?

Maybe none sir. Lady had 2 nephews ( one is me )and one niece: the other nephew has done all the arrangements so far. He was her nephew because his mother was her sister and I am her nephew 'cos she married my uncle.

Thing is, my grandparents had four kids, they all eventually died and this aunty, who married into the family, has ended up with all the assets from my family's home whilst the grandparents direct children ended up with nothing. (other than the chap who married aunty who lived in the smallholding with aunty.)

Theft by marriage?

That all sounds dead straightforward then...

What does the will say? Are you entitled to the fields?

Not seen it yet. I think I may need to contact the solicitors which I was hoping to avoid, hoping to keep it friendly but it seems there may be moves afoot between the other nephew and two of aunties chums to keep Tafia out of the picture. If that is what aunty wanted, so be it , but she never gave any indication of that.

[Langweilig]

After my father died, I had to wait six months for my inheritance. By the way, you'll not be called to the solicitor's office and hear the last will & testament read out. You'll receive a copy of the will by post and a cheque to the amount you've inherited.

[Tafia]

Lurking Lawyer said:

Tafia said:

Interestingly I have a copy of his will which says the smallholding must always remain within the family and "must pass from eldest son to eldest son"

I showed this to a local solicitor who said it was unenforceable!!
So what was the point of great grandfathers will?

None. Once the property passed from your great-grandfather, the will ceased to have any effect. It can have no binding effect over the beneficiaries.

To achieve what he had in mind, he would have had to have put the smallholding into trust. The trustees of the trust would then have been duty bound to abide by the terms of the trust deed on his death and then again on the death of each following owner/occupier.

Aye that is what I feared. I have just read a copy of his will dated October 1929 which was accepted as valid by the Courts of Justice,District Probate Registry as valid. It stated: "On no account is the property to be sold but must lapse from one heir to another"

Is there any reason why, if it was not a valid will, it was accepted as valid and probate granted on the basis of what is contained?

[Mobile Chicane]

Tafia said:

Andy Zarse said:

Tafia said:

V8mate said:

How much dosh do you reckon is heading your way then?

Maybe none sir. Lady had 2 nephews ( one is me )and one niece: the other nephew has done all the arrangements so far. He was her nephew because his mother was her sister and I am her nephew 'cos she married my uncle.

Thing is, my grandparents had four kids, they all eventually died and this aunty, who married into the family, has ended up with all the assets from my family's home whilst the grandparents direct children ended up with nothing. (other than the chap who married aunty who lived in the smallholding with aunty.)

Theft by marriage?

That all sounds dead straightforward then...

What does the will say? Are you entitled to the fields?

Not seen it yet. I think I may need to contact the solicitors which I was hoping to avoid, hoping to keep it friendly but it seems there may be moves afoot between the other nephew and two of aunties chums to keep Tafia out of the picture. If that is what aunty wanted, so be it , but she never gave any indication of that.

Contact the solicitors and stake your claim as a beneficiary.