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Bequest in Will?


Philouis
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Although this is really a UK related question I will ask it anyway!

My brother died last November in the UK. In his will, he left me a legacy of £5000. His daughter informed me of this bequest, but after ten months there has been no more contact with her. Although it might be embarrassing to ask for the money, what are my legal rights in this matter if they refuse to pay?

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They can't refuse to pay, provided the will is valid and the estate has sufficient funds after paying prior claims (funeral costs, genuine debts and reasonable administration costs). Fixed legacies like this are payable in priority to gifts of residue. If the estate is being administered (e.g. the executors have been granted probate or they are somehow dealing with the estate without probate), those administering it have a legal obligation to pay you.

If not paid after a year from the date of death, they must add statutory interest.

You can sue them if they won't pay, but generally speaking the courts will allow executors a year before intervening. Obviously, much better to avoid that sort of action in any event. If your niece is the executor, I suggest you ask her how things are going with the estate and when you might expect to hear from her about payment of the legacy.

 

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You need to get sight of the actual will rather than rely on verbal communications. If you know the solicitor your brother would have used you can start there, otherwise you can trace details of wills through http://www.hmcourts-service.gov.uk/cms/1226.htm. Last November is comparatively recent though, so probate might not have been granted yet, because there could have been legal complications or inheritance tax to be sorted out (the estate is taxed in UK rather than the heirs, as in France).

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