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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I was named as sole beneficiary of a savings account (around

Resolved Question:

I was named as sole beneficiary of a savings account (around £6000). I knew about this as the deceased was a very close friend. There was no contact to me by the solicitor acting as executor so after around 5 months I rang and he said he would get back. Two days later I received a cheque with a note saying he had merged two accounts and had split the proceeds with another party who I have since learned in another executor and was the cousin of the deceased. The cheque was for £2900. I have requested an explanation and copies of the relevant accounts and details of how the funds have been distributed, but no response has been received. Can I challenge this Will even though the estate has been wound up, bearing in mind that I have been left in the dark?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Are you in possession of a copy of the will in question please or do you otherwise know that it specifically leaves you the balance in savings account with x bank please?

Customer:

I have requested a copy of the will at the probate registry. I do know I was left the balance in the savings account. Provision was made in his current account to cover expenses etc.

Joshua :

Thanks. Your entitlement will turn on the wording of the will and the step you have taken in terms of obtaining a copy of this is ideal.

Joshua :

If you have been given a specific legacy of a gift of the balance of his savings account then assuming there are sufficient assets in the estate elsewhere to pay for administration and funeral expenses then that is where those expenses must be paid from, rather than the savings account left to you.

Joshua :

Accordingly if the will provides that the balance of the savings account should go to you then subject as above the entire balance should come to you.

Joshua :

Once you have established this you may wish to consider contacting the executor and seeking copy of the account balance at the date of death of the testator and a breakdown and justification for any deductions made. If you are not satisfied with what he provides you with considering the above rules, or he provides you with nothing then you have a direct claim against the executor for the balance you consider you are owed which can take the form of a claim in the County Court.

Customer:

If I am satisfied with the wording of the will I just wisjh toi know if I hav

Joshua :

If you believe the will is worded as above, then consider the above steps re the executor. As above you have a direct claim against the executor personally if you have not received the full entitlement under the legacy and you are entitled to sufficient information to enable you to determin you have received the full entitlement - e.g. copy bank statements

Joshua :

If you need to issue proceedings against the executor you can do so using the courts online issuing service www.moneyclaim.gov.uk

Joshua :

Is there anything above I can clarify for you any further?

Customer:

Thank you for your advise. It has been helpful. Can

Customer:

Thank you for yout advice. If I need to challenge this, do you know how much it will cods]

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

County court claims are inexpensive. Costs are recoverable but they would be...

Joshua :

£80 if issuing online, £40 to allocate to a track if claim is defended and then £165 if the claim is less than £5000 and the matter proceeds to a hearing.

Customer:

If I decide to challenge the executor will it be expensive as I have lottle money?

Joshua :

The costs in the county court would be as follows:



£80 if issuing online, £40 to allocate to a track if claim is defended and then £165 if the claim is less than £5000 and the matter proceeds to a hearing.


Joshua :

These can all be reclaimed if successful.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Customer:

If I exceed the time limit for contesting, can I still go ahead bearing in mind the way the estate has been handled and I was not contacted earlier and heas not been answering my concerns and requests for accounts etc?

Joshua :

There is no time limit for claiming an entitlement under a will though in practice it is better to claim sooner rather than later as statements can be more difficult to obtain the longer you wait.

Joshua :

Is there anything else I can help you with?

Customer:

No, but thank you so much - I feel I have more time now so no pressure. Thanks again.

Joshua :

Many thanks

Joshua :

A pleasure. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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