A relative recently died and the executor paid 3 cash legacies to grandchildren. The DWP now is asking for a return of some pension payments. The executor, who inherited the residual estate is now asking for a proportion of the fixed legacies to be returned to meet this as the is no more cash left. Can he do this ? I thought a fixed amount meant fixed…
A great question – and thanks for reaching out. The basic rule is that fixed cash legacies are just that – and are paid in accordance with the amounts stated in the will. The residuary estate is what ‘bears the liabilities’. There is a further point to be mindful of, and that is the personal liability of executors where there is a shortfall of funds. It obviously depends on the particular will, and circumstances of the estate. If you would like specific legal advice/help with this – do reach out to our expert solicitors.
