URGENT inheritance,money owed and deed of variation HELP

zzzLazyDaisy

Out of interest, is it possible to quantify these debts?

Is there an accurate record, or a series of loan agreements, or is it just a hand out here and there which has never been written down and is now being totted up in view of there being an inheritance which could be used to repay the money.

The reason I ask is that if the 'problem sister' refuses to play ball re a deed of variation, it may be difficult to prove that these sums were genuine loans with an agreement to repay them, and not gifts or hand-outs to help her out of a tight spot (however reluctantly) in the expectation that they would not be repaid since she didn't have the money to do so.

If that is the case, while the other sister might understandably believe that there is a moral obligation to repay this money, now that she has come into the inheritance, it may be difficult to prove that there is a legal obligation to do so.

Just a thought.

bryanb

dzug1 wrote: »

If the solicitor is a joint executor (and it sounds possible - why else are they involved?) then they also have legal responsibility.

Yes of course, that would make them executors with all the responsibilities.
However the OP quotes a sibling as exec, no mention of joint.

chesky369

...Also the funds may or may not be channeled through a solicitor...

however, the OP states that the solicitors are almost ready to hand over the amount from the sale of the house - so funds ARE being channelled in this way. My statement stands that no solicitor would divert them from the instructions of the will, especially to increase the amount given to an executor. The moral imperative of who owes how much to whom is irrelevant. If the executor sister considers that her sibling owes her money, she should sue her for the amount, knowing that the money is there - at least for the moment.

bryanb

chesky369 wrote: »

My statement stands that no solicitor would divert them from the instructions of the will, especially to increase the amount given to an executor.

You really don't get it do you?

My statement still stands, that providing the solicitor is not a joint executor, he acts for his client (the executor) He does not distribute any funds unless the EXECUTOR instructs him to. If said executor instructs him to pay it to himself (Executor) for distribution in accordance with the will, he will do so.
The solicitor does not make decisions, he acts for his client as instructed, providing always that he remains within the law.

System

If the solicitor is acting purely in the role of conveyancing solicitor then his only option in reality is to do EXACTLY what the executor of the estate states with the money.

However if there is no agreement between sisters then the executor has no option but to split the money 3 ways.

nigem

I needed to do a deed of variance 3 years ago. The person inheriting has to agree to give up an amount of their inheritance and direct it to a new beneficiary. I used an online site, tenminute will. It wasnt too complicated. I have no idea how that would affect benefits, or even if the issue would arise as the sister would not receive the total sum, just the newly agreed settlement.

morrison321

think i may have been unclear. The sister is willing to pay the debt but the cheque seems to be already written in her name . The main thing you must realise is is the sister(debtor) agrees that she is useless with money due to her issues and is AGREEING/ (grudgingly )that it is best if the cheque goes to the executor sister . she accepts that. What is the legal requirement

can the executor (with the sisters/debtors agreement of course ) get the solicitors to simply rewrite the cheque in the other sisters name (with the debtors permission, ) or is a deed of variation required.

i think the original will WAS written for the money to be divided equally amongst the siblings.

can someone explain how joint executor solicitor or just conveyancing solicitors would affect things I am unsure if this is the case in what way does it make a difference

from what i can gather the executor asked the solicitor and they said no. I may be wrong on this

to summarize.

executor sister want money owed. 2nd sister seems willing (grudgingly) to pay even if cheque is renamed. that way the cheque bypasses the unreliable sister who pays of the debt, and brings the family back together. best for everyone involved. is this possible without a deed of variation. or does it depend on whether executor powers are jointly owed? reason this is urgent is that the debtor/sister could change her attitude at any time. she is agreeing at the moment, so she says, so the iron is hot so to speak thank you for your help

thank you

nigem

Its still a bit unclear. Who are the executors? If it isnt the solicitor then the executors can instruct the solicitor to write the cheques. The deed of variance can be shown to the solicitor to ensure it is all legal and above board.

zzzLazyDaisy

To answer your question - the executor(s) must follow the instructions in the will. They have no discretion to do otherwise. This means splitting the money three ways.

If the 'problem sister' is willing to give up her share of the will and to have it paid to her sister, then this requires a deed of variance. However a solicitor may be reluctant to do this if it seems that the 'problem sister' is signing under duress.

Otherwise the money must be shared out as dictated by the will, and the 'problem sister' can then write another cheque to repay the money if she so wishes.

Savvy_Sue

morrison321 wrote: »

were getting advice regards a deed of variation.

can someone tell me the difference beween these terms? as it seems depending on what type of executor you are means you have less legal powers?

thank you in advance

I saw your other thread first, but have moved your question into this thread where we seem to have more information and the situation is clearer.

A conveyancing solicitor surely deals with property conveyancing, ie is involved in the buying and selling of houses.

A joint executor solicitor might be a solicitor appointed under the terms of a will to act jointly as executor with another named person. Or might be a solicitor appointed by an executor to help with the process.

Executors are those named in the will to carry out its terms. They may choose to stand down, or to 'reserve powers', in the latter case they remain as executors but don't do any of the work.

If you need advice on a Deed of Variation, I would recommend consulting a solicitor who is a qualified STEP member rather than a generalist solicitor.

Advice on a general forum is no substitute for proper, paid for advice, because you have no comeback against any of us if we give poor advice, and also a solicitor should know what information they need to extract from you before giving their advice.

In this case, it's unclear who the executors are, and what role solicitors are playing. There could, of course, be more than one batch of solicitors: one to deal with the sale of the property and the other dealing with the terms of the will.