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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10634
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am executor of my mothers estate. Can I ask beneficiaries

Resolved Question:

I am executor of my mother's estate. Can I ask beneficiaries to sign the estate accounts before I distribute the estate?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

It is normal practice for an Executor to send a copy of the Estate Accounts to each residuary beneficiary, when making the final distributions.

However, there is no harm whatsoever in you sending the Accounts to them before you make the distribution.

Please let me know if you require any further clarification.

Kind Regards
AL
Customer: replied 3 years ago.

My question was am I legally allowed to wait to distribute the estate until I have the signed accounts returned. I want to be sure the accounts are accepted BEFORE distributing the money.

Expert:  Aston Lawyer replied 3 years ago.

Hi Bella,

Thanks for your reply.

You are under no duty to provide a copy of the Accounts to the beneficiaries before distribution.

However, an executor has a duty to account to the beneficiaries for such share as they are owed and must produce estate accounts to residuary beneficiaries and justify any deductions that are made. If any part of the accounts are unclear the beneficiaries can demand further clarification so as to reasonably justify the figures that appear in the accounts.

If the Executor is unable to justify deductions she has made a beneficiary may consider a claim against her.

It is therefore wise, if you feel there may be some querying of the Accounts by any of the beneficiaries, that you send them a copy before distribution.

I hope this clarifies matters for you.

Kind Regards
AL
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