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Buachaill, Barrister
Category: Family Law
Satisfied Customers: 10951
Experience:  Barrister 17 years experience
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I am one of 3 beneficiaries in my mother's will. My 2

Customer Question

I am one of 3 beneficiaries in my mother's will. My 2 sisters in England have been the executors of the estate. I need to know if they can take money for expenses from executors account and also if they can take large amounts of money from the executors account before the probate has been completed. Am I entitled to full disclosure of the executors bank account?
Please advise
Submitted: 1 year ago.
Category: Family Law
Expert:  Buachaill replied 1 year ago.

1. Dear Deb, the first thing you should be aware of, is that an executor or executors, such as your sisters, are entitled to take reasonable expenses that are concerned with administering the estate from the monies in the estate, so that they are not out of pocket resulting from administering the estate. Whilst being an executor is a gratuitous office, which does not involve any pay, reasonable expenses are payable so long as they are incurred in administering the estate. Secondly, so long as any monies disbursed prior to the end of probate are in the form of an interim distribution, it is perfectly lawful for executors to pay monies over to the individual beneficiaries, as it is ultimately the beneficiaries who are entitled to the monies. The executors don't have to await the completion of probate in order that they are able to distribute the assets in the estate.

Expert:  Buachaill replied 1 year ago.

2. IN relation to the executors bank account, there is no rule of law that an individual beneficiary is entitled to disclosure of the executors bank account. This is something which only the executors are privy to. The residuary legatee (ie the person entitled to the remainder left over after all the specific bequests are distributed) is entitled to an account of the estate and how it was distributed. However, no one else is entitled to the accounts of the estate which has been administered by the executors. Nor is any person entitled to disclosure of the bank accounts of the executors.

Expert:  Buachaill replied 1 year ago.

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