Interest on a legacy after the Executors Year

I have a client who is a lay Executor. She was ready to distribute the Estate prior to the end of the ‘Executor’s Year’.

However, distribution was delayed due to the Residuary Beneficiary querying the way in which the Estate had been administered by the lay Executor (I was not involved with the administration period). This is now resolved.

There were two pecuniary legacies which the Executor could not pay as the legatees (adult children of the contesting residuary beneficiary), refused to correspond with her or provide any bank details etc. The Executor did not send cheques as they live in Australia, and she had no contact details for them.

My question is, does she now have to pay interest on those legacies with the delay for payment not being the Executors fault. I know that this situation does not fall within one of the interest exceptions.

Thanks.

A legatee’s right to interest is not dependent upon the actions (or otherwise) of the executor.

It is the residuary beneficiary whose benefit is diminished by the payment of interest which, in the circumstances, would appear ironic.

Paul Saunders FCIB TEP

Independent Trust Consultant

Providing support and advice to fellow professionals