information please

[maverick12]

Good evening*


I am Anthony bann i am enquiring on behalf of my wife. Her dad passed away last week leaving a will. My wifes mum is the executor of the estate. The issue is arrising regarding the will. The will says half the assets go to my wife and other half goes to her mum whitch is fine. The problem is coming in to this is her mum is saying ahe is going to give her daughter (wife step sister ) some of the funds out of the estate also she says my wife isnt going to get half she may give her 10% as thats what she say that she deserves and also paying her debts off before giving any money to the benifchary. I understand with my wifes mum being a executor she has to pay off her dads debts and pay fees her dad didnt have debt. Also they is other aspects thats causing a issue she is going around telling people she is his partner when she isn't. They never lived together and was never married they both had diffrent addresses. I would like to know what she would need to do now. My wifes mum is applying for probate as the assests are more than 25k in the next week.*

[nemesis45]

Re: information please

The terms of the will must be adhered to.
If your wife mother wishes to give her a portion of her inheritance to her daughter that's ok.

Only her fathers debts have to be met from the estate the mothers have no standing as far as the estate is concerned..
You may need a solicitors advice here.
She certainly has no claim on any more than that which is laid down in the will.

nem

[stevemLS]

Re: information please

Has your M-i-L been so stupid as to say anything about her intention in writing?

Depending on the circumstances I think it may be worth you paying a solicitor to write to her to remind her of her responsibilities and of the consequences of failing to follow the terms of the will.

In the meantime, some general problems with executors are discussed here http://www.myerson.co.uk/personal/wi...ing-executors/

Probate litigation is notoriously expensive and you want to avoid it if at all possible.

However, ultimately, she may be dissuaded from her proposed course if she appreciates that she may be personally liable to your wife for any shortfall in her inheritance.

[des8]

Re: information please

Whilst it might be worth firing a warning shot over the executors bows as suggested, there is actually little else you can do until the executor misbehaves.

If a beneficiary is dissatisfied with the actions of the executor they can apply to court to have a substitute appointed.
The grounds for this would be "unsuitability" by reason of misconduct so serious that it affects badly the estate (eg stealing from the estate, not keeping proper accounting records or mismanaging the estate).
If the executor does not follow the instructions of the will, she may become personally liable for any shortfall to the beneficiaries and could be sued to make good the shortage.

[stevemLS]

Re: information please

I agree that there is little formal that can be done now, but she has announced her intention to disregard the terms of the will, before she has applied for a Grant for pity's sake.