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QC
QC, Solicitor
Category: UK Law
Satisfied Customers: 879
Experience:  8 yrs pqe, TEP, CPD Trainer in Inheritance Tax Planning
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Yesterday I was informed by the executor of a will that I have

Resolved Question:

Yesterday I was informed by the executor of a will that I have been left £100k by my deceased partner. He was deceased two years ago. The executor has informed me that the money is not there, although he was a multi millionaire. The executor has asked me for an amount that I would accept. He is saying this has to be resolved today due to it being a deadline of 2 years.

I do not know anything about wills, can I accept a smaller amount than stated in the will, and I am also concerned that it has took the executor 2 years to inform me. What would you advise?

Thank you

JM
Submitted: 6 years ago.
Category: UK Law
Expert:  F E Smith replied 6 years ago.
Has he said why the amount has diminished?
Customer: replied 6 years ago.
He has just said that the funds are no longer there and is tied up in assets. But I have no proof of that.
Expert:  QC replied 6 years ago.

Dear JA Customer

 

I am an expert in Wills and Probate law. The answer to your question is very simple. DO NOT accept the lower offer. There is no two year limit. There is something known as an "executors year", which means that if you are not paid your legacy within a year of death, you are entitled to interest on the amount due to you. The executor therefore owes you interest.

 

Further if assets are tied up, it is the executors job to realise the assets. I suggest you tell the executor that you have received legal advice and that if he does not pay up, you will sue. It is likely that the executor is trying to pull a fast one so this should do the trick.

 

Kind regards.

 

Sincerely

QC

QC, Solicitor
Category: UK Law
Satisfied Customers: 879
Experience: 8 yrs pqe, TEP, CPD Trainer in Inheritance Tax Planning
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