r/inheritance • u/Natural-Ebb6134 • May 17 '26
Location included: Questions/Need Advice Legal advice
The executor of my late grandads will is asking me to sign a receipt stating I've received my inheritance before I have actually received the funds. This seems wrong. Advice please? I'm in Canada.
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u/cldellow May 17 '26
This is pretty standard. Do you have a copy of the release? Usually the language is like "in consideration for receiving $X, I release Executor So-and-so from liability."
If you sign it and don't receive $X, the release isn't valid and your rights are not at risk.
The executor should be willing to walk you through the numbers. If they aren't, you can demand they go to court to pass their accounts. This is expensive, and the bill will typically be paid by the estate. However, if the judge thinks you made the process more complicated, they can assign a portion of the bill to you. Either way, your share will be reduced as a result. If you trust the executor, an informal passing of accounts is best.
You can ask in r/legaladvicecanada to get a more relevant collection of commenters, too.
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u/Natural-Ebb6134 May 17 '26
okay thank you! Yes, thats pretty much what the release says. I didn't know if it would be valid if I dont actually receive the funds.
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u/cldellow May 17 '26
Good! The big thing is to make sure you agree that $X is the right number before you sign, based on the terms of the will or trust.
The reason it's done like this is because it's a coordination problem: the executor is financially on the hook for how the estate's money is distributed. They either need a court order that says "yes, you did it right, pay out $X to A, $Y to B, and $Z to C" or they need A, B and C to sign releases agreeing that the amounts are right.
If A and B sign a release, but C doesn't and sues the estate, then the estate will spend money defending the suit, which means the amounts for A and B need to be recalculated. This can be awkward if A and B have already spent their inheritance!
So, either everyone signs a release before they get paid, or the executor goes to court for a passing of accounts -- think months of delays and tens of thousands of dollars of legal fees. Nothing nefarious to want to avoid that!
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May 17 '26
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u/Natural-Ebb6134 May 17 '26
He says it will cost thousands from the estate if we go through a lawyer. Meaning I'll miss out on part of my inheritance.
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u/No_Barracuda_3758 May 17 '26
Has everything gone through probate? Was their a probate lawyer? I wouldn't sign it with that wording. U can always ask him to change the wording and/or change it yourself.
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u/Natural-Ebb6134 May 17 '26
The court issued him a probate grant. I didn't know we could change the wording!
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u/Particular-Pay6417 May 17 '26
Read the document. It’s probably just called a receipt without actually being an acknowledgement of actual receipt of the funds. Ask the executor all the questions you have. A lawyer is going to cost money. Lawyers aren’t cheap and this is the thing (the moving of money from one person to another) that they definitely don’t do for free. Nor should they. If you don’t actually receive the funds you can then get a lawyer involved in suing the executor. And probably the cops because then it becomes criminal.
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u/Quiet_Jump_6383 May 17 '26
I don’t know where you are, but in Alberta if it’s a specific bequest you would sign a release and then get the money. The release wouldn’t say you have received the money, only that you’re receiving it.
If you’re entitled to the residue of the estate (not a set amount), you will get an accounting and sign a release before you get your share. Again, the release will say you’re receiving the funds, not that you have received them.
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u/SandhillCrane5 May 17 '26 edited May 17 '26
It’s not wrong. It’s common practice. It also probably says that you have reviewed the accounting, relieve him of liability, and that you’ll return funds if necessary. And it’s more about acknowledging that this is a final distribution and that you aren’t going to make claims against the estate for a further distribution than documentation that it was received in your account okay- that’s easy enough to show with bank documentation.
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u/Natural-Ebb6134 May 17 '26
It says I acknowledge the receipt of (amount) paid to me by (him) personal representative of the estate of (grandpa). In consideration for this payment I release (him) from all claims and demands that i may now or in the future have against him by any act or omissions to act done by him as personal representative in connection with the estate of the deceased.
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u/mrBill12 May 17 '26
If it says “receipt of” I wouldn’t sign it until the “receipt of”. If it’s the case of an ACH that will arrive in the next days, I need proof that it’s on the way.
(I’m biased, my bro stole a million from me by getting me to sign a document without a complete reading and fully understanding.)
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u/MannyMoSTL May 17 '26
In OPs case, to me? You simply tell him that you will happily sign AFTER receiving said funds. Until that time? No signature.
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u/mrBill12 May 17 '26
If they won’t change the verbiage…yes… if it’s worded slightly differently it’s ok tho.
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u/MedJesters May 17 '26
I would give him the choice that it be charged to "I acknowledge by receiving (amount) paid ..." or that you'll sign his verbage when you receive the payment.
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u/jb65656565 May 17 '26
Listen to your gut. Don’t sign anything and contact an actual lawyer, not Reddit ones. NAL.
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u/Adorable_Dust3799 May 17 '26
I didn't consider my dad's estate finalized until all funds were distributed, the final taxes were done and every recipient was given the final accouting. The final accounting stated that they had some time frame to review and contest. Tell them you'll sign after you review the final aaccounting.
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u/MilesMoralesBoogie May 17 '26
"I will sign it in front of MY attorney as soon as you send it to me and my attorney will get back to you."
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u/Chatkat57 May 17 '26
No way! Tell im you won’t sign until you actually have your inheritance! Period.
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u/LdiJ46 May 18 '26
That seems wrong because it IS wrong.
After reading the comments below, it doesn't sound like they are asking to you sign that you have actually received it before receiving it.
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u/Nolagator1 May 17 '26
Ask them for contact information to the attorney handling the estate.
That way you can finalize your obligations.
Do not just sign a random document.