can I pay a legacy to a relative rather than the named recipient

[Tigerlane]

I recently wrote to a relative letting her know of a legacy shen had been left. Her son replied that his mother does not have a bank account as she is unable to manage her financial affairs. He wishes the money to be paid to her via his bank account. Is this legal? what proof should I get from him regarding his status as her primary carer. Both parties live abroad.

[factor-fiction]

If you are the executor it's your responsibility to get the money to right person. If you were to pay the son and he were to run off with the cash you may find you are still liable to pay her the money she is entitled to. If he can prove he has power of attorney then it may be okay to give to him, but it sounds like you need to be careful. Might be worth paying a solicitor- the fees could come from the estate

[Barmaid]

I wouldn't say you need to pay a solicitor. Personally, I would ask for either a copy of a Power of Attorney (which needs to be signed and witnessed by the donor) or a letter signed by the beneficiary, and notarised. Otherwise, how can you be sure that you are paying the money to the correct person. If you don't and as executor you can be personally liable.

[factor-fiction]

I agree with Barmaid that it's not necessary to use a solicitor if you are confident you can validate the notarised signatory and paperwork. Barmaid is familiar with the process but I think that when dealing with overseas cases it may be dificult to check the paperwork is authentic (I wouldn't be 100% sure how to check a notary's credentials from say Serbia or Angola but I'd feek confident about US or Spain). I could make enquiries with the embassy but if I still felt I couldn't be absolutely sure and knew I wouldn't have to pay the bill I'd consider getting a solicitor.