I apologies, this isn't really a tax question but I'm wondering whether anyone knows the answer please?
I have completed the administration of my father in law's estate. There were 4 executors (the children) and the beneficiaries were the 4 children and 12 grandchildren.
4 of the grandchildren are under 23 and the Will states that a trust should be set up until they reach 23. However, I have taken legal advice on this and because of the wording of the Will, the monies can be paid directly to the parents to hold (or spend for the child) until they reach 23. A Receipt Deed absolves all responsibility of the trustees (executors) which is to be signed by the parent accepting the money on behalf of their child. This avoids complicated and costly Will Trusts from being set up. All executors agreed to this process.
However, one of the executors is now unhappy with this and wants all the over 23s to be paid their share immediately (he doesn't have any under 23s). He will then resign as a trustee of the Will. I am not happy with any distribution to be made until everything is distributed at the same time. He has been particularly difficult during the whole administrative process.
The advice I'm after is can some beneficiaries be paid before others? (they are all residual beneficiaries) or can an executor refuse to sign the cheques until they are all written. It seems unfair that some will receive their money before others? I am concerned that he will refuse to sign cheques for the others, or drag out resigning as a trustee, leaving the money for the 4 under23s in limbo?
Any advice greatly appreciated.