Solicitor withholding inheritance until I sign a form to say I have already received the money!

Cherryson

My brother, resident in Ireland, and I, resident in France, were named as joint executors of the will of an Irish relative who passed away in Ireland. We agreed that we'd use a solicitor for probate so he engaged one. Once engaged, the solicitor asked me if I would waive my rights as joint executor and I refused. Since then, on several occasions my brother has forwarded me emails from the solicitor which she had only sent to him. When I reminded her that i was joint executor via email she did not reply. I only discovered recently from my brother that when he engaged her she advised him that it would be simpler if she only dealt with him directly even though I was joint executor.

Also, she has advised us incorrectly on a few occasions, including refusing to release monies from the deceased's bank account to me until I engaged an Irish agent to file a tax return as I was non resident. A quick google search proved this to be untrue, but she insisted. Finally, she relented after I forwarded her an email I received from the Irish Revenue stating that an agent and tax return were indeed not required. The remainder of the estate has now been liquated and the necessary clearance has been received, however the solicitor is asking me to sign a receipt for the remaining inheritance monies prior to her sending me the money:

"FORM OF RECEIPT AND INDEMNITY TO BE SIGNED BY BENEFICIARY BEFORE PAYMENT OF SHARE OF THE RESIDUE OF AN ESTATE
In the Estate of X, Deceased I, hereby acknowledge receipt of electronic transfer in the sum of €X from ___ as Executor of the will of the abovenamed deceased per X Solicitors, in final distribution of my share of the residue of the Estate of the late ___.My share of the residue to me under the terms of the will of the abovenamed deceased is in the following terms:“All the residue and remainder of my property of any nature and description and wheresoever situated I leave in equal parts between...”I hereby release and indemnify the said executor against all claims, actions, costs, demands, expenses or tax howsoever arising or which may be due on account of the said payment to me."

I have refused to sign that wording and offered to send an indemnity form now and a separate receipt form once I have received the money.
She has rejected this and insists that no money will be sent until I sign the form with the wording " I, hereby acknowledge receipt of electronic transfer in the sum of €X from..."

What to do?

phildub

The solicitor does require revenue cleabefore releasing funds to a non resident beneficiary. You are paying them and then not taking their advice. Tell her you will collect a.cheque from the office and sign receipt on collection. There's no way for her to know tounwill sign receipt once funds have been transferred. You will very easily be able to show you did not receive the funds.

Charles Babbage

https://www.boards.ie/discussion/comment/123853869#Comment_123853869

Possibly the executor was not receiving funds as a beneficiary, but to pay a cost to the estate or the like. As a beneficiary the tax would have to be paid.

Peregrinus

https://www.boards.ie/discussion/comment/123853869#Comment_123853869

Given that the OP lives in France, collecting a cheque from the solicitor's office in person is not really a practical solution.

I think OP is justified in declining to ackonwledge receipt of funds until he has which he has in fact received them. His suggested solution of signing an indemnity now and a receipt later (or a receipt plus a repeat of the indemnity) seems reasonable. Another possible solution might be for the OP to nominate someone in Ireland (his brother?) to receive the money on his behalf and issue a receipt; presumably he can trust his brother to forward the money.

FishOnABike

It does appear odd to have to acknowledge receipt of something which has neither been sent or received, moreso in this day and age when electronic funds transfer records provide an independent receipt in themselves.

Would the wording " I, hereby acknowledge on receipt of electronic transfer in the sum of €X from..." be acceptable to both OP and solicitor.

I've never had to acknowledge receipt of money from a solicitor they had not yet sent. The gross sum, deductions for costs and nett sum to be received were confirmed and agreed in advance of the money transfer and the destination account details confirmed and double checked by a second means.

The electronic funds transfer were their own receipt, for both sender and receiver.

MakersMark

Fire the solicitor...they're 10 a penny in Dublin

whippet

we have just completed probate for our parents and we have one sibling living abroad (with in the EU) and he didn’t have to do anything different from the rest of us to receive the payments