Executer of will being selective

Gman · 20 Jul 2014 at 13:29

Hi,

Not sure if there's a legal obligation here or not.

If someone dies and leaves a will which contains a request that x amount be left to someone can the executer just decide to overrule this and not do this and not inform the person?

so basically this person who has been left the money has no idea their in the will and the executer has decided to not tell them and not pay out.

Surveyor · 20 Jul 2014 at 13:38

I don't think they can just choose not to pay.

Duties of Executors

The executors are responsible for distributing the estate of the person who has died in accordance with the terms of the deceased's will.

Fuzz · 20 Jul 2014 at 13:38

The executors and administrators are legally bound to carry out their duties properly. They are personally liable for any mistakes or incorrect distributions.

Gman · 20 Jul 2014 at 13:40

but what if the guy has no idea he's been left anything so not in a position to challenge any decision.

BDEE · 20 Jul 2014 at 13:41

NO!

But if they believe there are grounds to have it overruled it can be taken through a legal challenge. Hard to have grounds to do this though, unless it could be proved beyond reasonable doubt that the will was not written when the deceased was of sound mind.

Redz · 20 Jul 2014 at 13:41

Well would you not consider that to be a breach of trust on the part of the executor? As well as theft?
The estate should be apportioned according to the wishes of the person who made the will. If the executor doesn't like it, contest the will in court.

Cuchulain · 20 Jul 2014 at 13:42

Gman said:
but what if the guy has no idea he's been left anything so not in a position to challenge any decision.

Ask him to get a copy of the will?

Gman · 20 Jul 2014 at 13:47

Cuchulain said:
Ask him to get a copy of the will?

That's kind of the problem from what I can see, the guy has no reason to request a copy as he'd have no idea he got left anything.

From what I can see, if the guy has no idea he'd even be included then the executer could just decided to not pay out and the only way they would get anything would be if they found out they were in the will and made a legal challenge.

I would have thought they'd be some sort of legal requirement to notify all parties that are mentioned.

Efour · 20 Jul 2014 at 13:58

Sounds stupid. What stops any executer just saying the deceased left all their money to me. Surely it has to be all accounted for even just tax purposes.

Surveyor · 20 Jul 2014 at 13:58

If the executor won't provide a copy of the will then one can be obtained after probate has been granted (which can be several months after the death).

Wills, probate and inheritance

Glaucus · 20 Jul 2014 at 14:02

Why don't you just let them know so they can challenge it.
You obviously feel it's wrong.

Pez · 20 Jul 2014 at 14:05

Surveyor said:
If the executor won't provide a copy of the will then one can be obtained after probate has been granted (which can be several months after the death).

Wills, probate and inheritance

For estates with a value of <5,000 there is no requirement for probate.

Jokester · 20 Jul 2014 at 14:06

Maybe Gman is the guy not doing the telling

Xordium · 20 Jul 2014 at 14:11

Glaucus said:
Why don't you just let them know so they can challenge it.
You obviously feel it's wrong.

I agree 100% with this. Someone was entrusted to do a job they are betraying that trust.

If Jokester is right ignore the previous line and cut and run!

Nitefly · 20 Jul 2014 at 14:14

Xordium said:
Someone was entrusted to do a job they are betraying that trust.

Monkeynut · 20 Jul 2014 at 14:23

Kill the executor of the will, make it look like an accident, spread their assets incorrectly.

That'll learn em.

Strife212 · 20 Jul 2014 at 14:26

Of course they can't, thats against the whole point of a will.

Gman · 20 Jul 2014 at 14:34

cheers guys.

No idea who or where this guy is to notify them, all i know is person x has been left some money and the executer has decided not to pay for some reason.

Xordium said:
I agree 100% with this. Someone was entrusted to do a job they are betraying that trust.

If Jokester is right ignore the previous line and cut and run!

lol, exactly. End of the day I suppose its all down to trust.

Glaucus · 20 Jul 2014 at 14:35

There must be some overseeing body you can complain to.

RDM · 20 Jul 2014 at 14:36

It might be that there is no money left to pay that bequest?