# Will Bequest: Receipt and Indemnity Form



## Ash (12 Feb 2008)

Recently I received a small bequest in a will.
Not having been in this position before, I am not familiar with the process.
With a cheque, the solicitors acting for the executors have included a form to return which acknowledges receipt which is fair enough.
Then the following clause is included:
   "I hereby release and indemnify the Executors against all claims, actions, costs, demands, expenses or tax howsoever arising of which may be due on account of the said payment to me."
Is this a standard procedure?  What does the wording actually mean in practical terms?  What exactly am I signing away?  I am naturally hesitant of signing any papers, especially ones drawn up by solicitors.  I dont have any other particular claim on the estate in question.  What are the consequences if I dont return the form?  
I would appreciate any clarification that can be given.


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## Sylvester3 (12 Feb 2008)

It seems odd that they have sent you that form at the same time as the cheque - what comeback do they have if you bank the cheque and fail to return the forms? Maybe it is just a legal formality? If they were trying to pressurise you I would have expected them to withold the bequest until the forms were signed. I'm just curious - I have no experience or legal knowledge in this area.


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## mf1 (12 Feb 2008)

"Is this a standard procedure?"

Yes. 

"What does the wording actually mean in practical terms? "

That you acknowledge that you have no outstanding claim on the estate and that the executor has adequately performed their duties, that you are responsible for your own tax, if any and that you are not suddenly going to go all crazy in 2 years time and decide out of sheer badness that you want to sue the executors. 

"I dont have any other particular claim on the estate in question."

Isn't that your answer?

"What are the consequences if I dont return the form? "

Its just exceptionally rude/bad form and leaves the door open for trouble for the executors down the road. 

Be grateful for the bequest and to the Executor for dealing with the estate and send back the form so that he/ the solicitor can close off their file.

mf


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## mathepac (12 Feb 2008)

mf1 said:


> ... and send back the form so that he/ the solicitor can close off their file...


having seen a notarised copy of an accounting of the estate supplied by the executor, detailing any tax liability arising, and showing that this has been discharged in full on your behalf.


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## mf1 (12 Feb 2008)

mathepac said:


> having seen a notarised copy of an accounting of the estate supplied by the executor, detailing any tax liability arising, and showing that this has been discharged in full on your behalf.




No comprendez........what is notarised in this context? The concept of a "notarised copy" does not exist in this jurisdiction. And the beneficiary should have been asked about potential tax liabilities at an early stage. 

mf


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## mathepac (12 Feb 2008)

mf1 said:


> No comprendez........what is notarised in this context? The concept of a "notarised copy" does not exist in this jurisdiction. And the beneficiary should have been asked about potential tax liabilities at an early stage.
> 
> mf


Apologies, not au fait with the technically correct terms, I mean a copy that has a provenance mark, signature or stamp, indicating its origin.

While the beneficiary certainly should have been asked about tax information, PPSN, etc, the point I am trying to get across is that the beneficiary needs some "proof" before signing the release that the cheque is for the net amount and that any tax liability on the bequest has been discharged by the executor.


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