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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34131
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Do solicitors have the right to delay payment to a beneficiary

Customer Question

Do solicitors have the right to delay payment to a beneficiary of an estate where there are sufficient funds available to make the payment. Matters are being delayed pending the sale of a property where the funds received will be made to charitable causes. There are sufficient funds available to pay other beneficiaries, but are not being paid?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are the solicitors also the Executors
Clare
Customer: replied 2 years ago.

Yes they are

Expert:  Clare replied 2 years ago.
Hi
When was Probate Granted - and when did the deceased die?
Clare
Customer: replied 2 years ago.

Deceased died back on March 28th 2014.

Probate was granted on June 5th 2014

Expert:  Clare replied 2 years ago.
Hi
The Executors are entitled to deal with the estate in anyway they think fit and to delay distribution until all assets are in - but after a year a beneficiary is entitled to interest on the bequest
If the sale does drag on then you could ask them to reconsider in the new year
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Not that i think you will give one, but do you have an opinion as to why payments are being delayed?

Thanks you for your help ~ very much appreciated

Expert:  Clare replied 2 years ago.
Hi
Some solicitors are old fashioned and prefer to do it this way.
More likely is that the Solicitors are being ultra cautious and ensuring that there are funds for an emergencies with the house - especially where there are Charity beneficiaries involved - who are renowned for arguing over pennies
Clare
Customer: replied 2 years ago.

Thank you Clare ~ I wish you well

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope the matter is resolved swiftly
Clare

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