My colleague is dealing with an estate where one of the executors who is also a residuary beneficiary appears to have a history of criminal convictions. Newspaper reports indicate that he was involved in drug dealing and served a prison sentence. He was ordered to repay money under the Proceeds of Crime Act. The conviction and the order for him to pay several hundred thousand pounds of cash was around 10 years ago.
We are about to do an interim distribution on the estate and want to check whether we can treat this as an historic issue now he is out of prison and how we can check.
Do we need to know whether there is any other money outstanding still due to court? We want to understand whether us paying the inheritance due to him directly to him would be allowed or if we should be paying into court?
Are we obliged to check with the Court Office whether there is money outstanding? To do this we would have to give the Court Office his personal details - would we need his authority to release those (which he might not give) or is that confidentiality overridden by our duty to the Court to check if we should be paying money to them?
We need advice on how to find out whether there are still any live issues and make sure that we have done what we need to do. Not being familiar with the criminal law system we need some help with this.
With thanks for your thoughts.