Wills and Executors

~BB~

Hi,
Can someone please tell me if as an executor of a will, would I be informed if the beneficiary wished to change the will by deed of variation, or would they be able to go ahead and do this without the executor knowing until after it's been changed?
Still worried sick, and she has two years in which to change it, nightmare, just want all this over and behind me, so I can grieve properly instead of worrying.
Thanks.

IF

Not sure tbh BB, bumping up the board xx

SailorSam

I don't think there's any need for the Executor to know what the details of the Will are when he agrees to do the job, so it would make no difference it it were change.
It's always better though to do a complete new Will if you want to make changes.

~BB~

Hi SailorSam,
Don't think I explained that too well.

The person who made the will has already died. I was made executor, with others, and the sole beneficiary now wants to change the will be deed of variation. As executor the solicitor has already told me that there is only one beneficiary and that they are just waiting on the estate to be calculated out and they will get back to me.

So my question is, if the beneficiary now changes the will, will I be told first about the changes being made or will I be informed after a new will is signed and sealed?

My question, and worries, relates to the fact that the date of death was around a week before my discharge from BR and the beneficiary wants to change the will for me to recieve part of the estate. I want to avoid having to tell her about my BR if at all possible. We haven't had a great time of it lately and I really do want an end to it all and a chance to move forward from all the worry!

purple_haze

The Deed of Variation creates a legal fiction whereby the disposition in it is deemed to have been made by the deceased on his death for Inheritance Tax and Capital Gains Tax purposes. For all other purposes, (including discharge from bankruptcy), it is if a gift has been made by the beneficiary executing the Deed of Variation on the date of the Deed of Variation.
A further explanation here.

NeverAgain_2

Isn't the sole beneficiary complicating things - and enriching lawyers - for no good reason?

He/she inherits the lot and gives you whatever it is he/she wants you to have.

~BB~

Hi,
I am trying to convince her not to change the will but seem to be fighting a loosing battle.
I just want to know if I'll be infomred in advance of her changing the will or after she has done it.
It's worrying me sick, I'm just not able to enjoy the feeling of being discharged or grieve properly.
Thanks
BB

~BB~

Hi Purple Haze,
Thanks for the reply. Just studied your post and thanks it says that executors don't hade to be notified of DOV's. So that's my question answered and my panic level just gone up!
'For all other purposes, (including discharge from bankruptcy), it is if a gift has been made by the beneficiary executing the Deed of Variation on the date of the Deed of Variation.'
Can I just ask you to clarify that part to me please, does this mean that if the will is changed by DOV that the date I would inherit, as far as the OR would be concerned, would be the date the deed is signed? Which will of course be well after my discharge. I will have to inform the OR anyway as I'm on a IPA.
Thanks, BB

NeverAgain_2

Were the dead person still alive and changing the will themselves, you certainly wouldn't be informed, unless they wanted to tell you.

This will has been opened, but I don't see how you can be informed 'in advance', any more than you know already.

If the beneficiary is determined to press ahead with challenging the will, you can't influence that decision any more than you could influence any other decision they make.

But as an executor, you may be able to stop the beneficiary doing anything to the detriment of the estate.

You will get a copy of the finalised will because you need that to carry out your administrative function of making sure everyone gets what they are supposed to.

~BB~

Thanks NeverAgain, I've never had any dealings with wills before. We were told what the will contained and that it would soon be ready for us to sign. I just pray she doesn't change it.

NeverAgain_2

... I just pray she doesn't change it...

I take it you've made your feelings known to her?

I still don't understand why she feels the need to change the will when she can simply give you what she thinks you should have.