Can a solicitor release part of the inheritance money early if it is in the best interest of the beneficiary? For example, person leaves work because of ill health, wages get messed up by employer, and will take just over 1 month to sort, mortgage payment defaults by 1 month, enough money with sols to pay missed mortgage payment. Can they release this money DIRECT to mortgage lender to cover the payment?
Answer by wizjp
Not in most counties. Funds are held untill probate process is complete. IN the end, untill probate is closed, there may be doubt as to if there ARE any funds left.
Answer by SJM
As long as there is enough money left to pay all of the relevant taxes and the legacies to the other beneficiaries under the Will then yes, part of the money can be released early. However, a solicitor administering an estate has a duty to act in good faith and so whether or not they will release money to you will be entirely dependant on the exact situation of both yourself and the other beneficiaries under the Will. It may be that it wouldn't be fair to the other beneficiaries to give you an advance. You must also bear in mind that the solicitor must have instructions from the executors that monies are to be released to you or to the mortgage lender (yes, that can be done as well).
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Orignal From: Wills and probate and solicitors?
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