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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice
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for Jo C Re will & inheritance How does the law ensure that

Customer Question

for Jo C Re will & inheritance How does the law ensure that somebody named as a beficiary in a will does receive the amount as stipulated in the will you may remember me but am trying to simplify my question .whatprevents trustees from lying about the price received of a property so my 50 % is from a smaller sum than it was sold for?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

You may verify what the property was sold for by making a search at the Land Registry, see here

If there is a difference in the price it was actually sold for and what the trustee has declared to you. It would be fraud on the trustee and you may report them to the police as it is fraud by abuse of position of responsibility which is an offence and you may also take a civil claim out in court against the trustee for the money.

Can I help further
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

A beneficiary is totally reliant on the executors honesty.

Beneficiaries have no absolute right to see the will but it is available for £6 from the probate registry once probate has been granted. A beneficiary can then see what they have been left.

The problem of course is that it says that a beneficiary gets a percentage there is no way of knowing what it is a percentage of if the executors decided to spirit money away themselves.

For that reason, if there is any mistrust between executors and beneficiaries it is a good idea for executors to simply delegate the whole matter to solicitors. Just because someone has been named as an executor does not mean that they cannot instruct solicitors to deal with the estate for them

Can I clarify anything for you?