QuoteReplyTopic: Rights of beneficiary to view accounts Posted: 22/May/2009 at 18:46
Queensland ESTATE
Hi
I am a beneficiary in a will. The executor (a relative) did not tell me for 5 months I was in the will. I only found out when a letter arrived at my door asking me to sign a discharge and indemnity form. The solicitors letter assumed I had known I was a beneficiary and had a copy of the will.
There's a long list of other things that don't appear right but the main question I have is that the executor and her solicitor are asking all beneficiaries to sign a discharge form to get an interimn payment (about 90% of the total payment). And then they will wrap the rest of the estate up and then pay out the small second payment and also issue a statment of account at that time.
I am telling the executor and solicitor that I want to see a preliminary set of accounts now before I sign.
Do I have a right to ask this?
Do they have a right to refuse?
What will happen to the estate (and other beneficiary's payments) if I refuse to sign until I see the figures?
At the moment they are saying unless all beneficiaries sign this discharge and indemnity form, no money will be released.
None of the other beneficiaries mind if I do this and therefore hold up distribution. They would like the same info but just gave up waiting.
Ask and see what happens, you won't loose anything by asking, but you may delay payment a little. Ask nicely and if they refuse take the reply to your own solicitor for advice.
I am NOT a lawyer. Anything said is NOT legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks.
Thanks for your reply. So far I have written to them and asked but they have sent a letter back ignoring my request and just re-iterating I am the last of everyone to send the discharge in.
It feels like a standoff is about to happen but I'm just wondering how far I can push it.
The excutor needs to give you a copy of the will he needs to give you a list of assets that wil be distributed and how that distribution will take place.
These are basic entitltmtnts that you are entitled to I am not sure why a solcitor wouldnt do this as these are pretty basic duties.
Luke 11 46: Woe unto you also, ye lawyers! For you load men with burdens that are difficult to carry, and you yourselves won't even lift one finger to help carry those burdens.
Thanks everyone for your comments. I just found out this morning that the solicitor in question has been penalised twice before for misappropriating trust funds. Between the executor and solicitor I feel this whole thing is doomed. Oh well.
Thanks again! I have learnt a lot from this website just in browsing through questions.
It is terrible to see how vunerable benificiaries are to the preditory practices of dishonest executors and unaccountable lawyers. I suggest you alert Senator Steve Fielding to the issues. I have spent the past five years and written a book called Lawyers or Grave Robbers? in an attempt to bring about change and accountability in this area of the law. It is obvious that you have a right to see all of the accounts and that should be stated in law.
You cannot post new topics in this forum You cannot reply to topics in this forum You cannot delete your posts in this forum You cannot edit your posts in this forum You cannot create polls in this forum You cannot vote in polls in this forum