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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5117
Experience:  Owner at James Bruce Solicitors
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My mother past away 2018, there was a will which stated that

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Hello my mother past away 2018, there was a will which stated that her estate be devided between her children, she also left a sum of money £30,000 which the solicitor has had in a account for over a year, as beneficiaries myself and two sisters have not been kept in the loop regarding the sale of my mothers property, there has been a family devide were we do not speak to our bother and sister who are the executors, we have found out from a third party that the property was sold 7th may 2020, we have not been informed of this by the executors or the solicitor, I called the solicitor last week to ask what the time frame is regarding the proceeds of the sale and the will, the solicitor told me that he would email me all the details and the account on the estate, I have yet to receive this email, can you please advise if this is acceptable and the interest on the money that is sitting in the bank do we receive that also?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No and uk
JA: What steps have you taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No at moment

Hello I may assist.

The executors must gather all assists and settle estate bills, debt etc before legacies our paid out. If there is real property involved, then the sale of that could delay beneficiaries receiving payments until the property has sold, final utility bills paid and everything a zero balance.

So even cash gifts included in the will should not be prioritised over liabilities of the Estate.

There is a legal rule that pecuniary legacies should be paid out within a year of the death of the deceased. This is known as the 'Executor's year' and if it is not possible to pay the pecuniary legacies within the time period referred to, the Beneficiaries concerned are entitled to interest.

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Customer: replied 1 year ago.
Thank you for your reply it was very helpful, I am just a bit confused about the timeline on when the legacies are to be paid out on completion of sale, my mothers property is sold and the purchasers moved in on 7th May 2020, surely a month is sufficient to finalise utility bills?