Potential problem (will related)

Slam62

Slam62

Slam62

Soldato
Joined
3 Jan 2006
Posts
11,313
Location
All along the watchtower
I'm interested in people's thoughts on the following scenario and possible course of action.

So, someone has been acting as POA for elderly couple in a care home, the couple have now passed away and the wills are starting to be processed. There are 2 executors, one is the person who had POA and hence all the details of the couple's affairs. The other executor has no knowledge of their affairs but has equal responsibility and benefit from the will. Executor 1 who had POA has initially claimed that the real wishes of the couple was to give them a slightly better share of the estate than stated in the wills. This is obviously never going to happen but raised alarm bells. Now executor 1 had taken it upon themselves to gather together all the information about the couple's finances and is refusing to share any information and is generally being very protective of any information and documents.

What do people think is going on here? I have a clear thought in my mind but I find it hard to believe.

Any thoughts appreciated
 
It does sound rather suspicious tbh. But also rather naive / foolish, Surely they have to realize they are not going to get anything beyond what they are bequeathed in the will.

I think I would definitely start asking some pointed questions and if the answers were not satisfactory I would be getting in touch with authorities.

*Edit* It might also be worth Executor #2 finding out what their official legal position is, in terms of knowledge of the estates finances etc..
 
Pretty obvious, executor 1 wants more / all of the money.

Executor 2 should get some legal advice. If they know bank details, etc. they should inform the bank that there are 2 executors and that they need to be informed of all transactions.
 
Executor 1 shouldn't be able to do anything until Probate is granted, unless the estate is v small. Has probate been applied for? Executor 2 needs to ensure they are part of that process
I was joint Executor with my sister when my dad died, but as she lived in NZ it was impractical, so I just filled out a form saying she'd agreed that she didn't want to act. If I was Executor 1 and trying to pull a fast one I'd either try and get away with avoiding probate, or try and bump Executor 2 off helping to administer the estate
 
Part of handling a will is declaring the value of the estate to HMRC even if the value is under the IHT threshold. Lying to them is .... unwise.

Claims of "real wishes" are bull poop. If there's nothing in writing of these such as an addendum (or sometimes called a codicil) or multiple witnesses then a court would dismiss it out of hand.

I found this page with a quick google which says you would need to contact the probate registry in the event of an dispute between the executors that can't be resolved. The second executor should keep a paper trail of all refusals to share information. BOTH are responsible for the handling of the will and are on the hook if there is a dispute later on.

Anything involving courts and lawyers will get expensive quickly, so whether its worthwhile depends of the value of the estate.
 
Only way Executor #1 can change the distribution of the estate as set out in the couple's wills is by executing a deed of variation, which much be agreed by all other beneficiaries.
 
You must log in or register to reply here.
Back
Top Bottom