Advice for an executor of a will appreciated

Nenen

Savvy_Sue wrote: »

Can you post the EXACT wording? Don't put names, obviously, but that might help.

Also does the will make any reference to "the standard provisions of the Society of Trust and Estate Practitioners' at any point?

The actual wording of the will states that after paying debts, funeral expenses and executorship expenses...

"to pay the residue equally amongst my three nieces and two nephews these being John Brown, Jill Brown, Jane Brown, Jess Brown and Jack Black" (names changed)

There is no reference to 'the standard provisions of the Society of Trust and Estate Practitioners' anywhere.

mountainofdebt

Then my opinion wins (I think!)

Nenen

sleepless_saver wrote: »

If the will doesn't say anything about what happens if a nephew or niece dies, then their share just goes back onto the pot to be shared among the living.

See link (sorry it's in legal rather than plain English but the gist is clear).

Thank you so much for the reply and link sleepless saver but this has confused me more as it states:

"The statutory saving in the Wills Act (ii) has wide-reaching implications. Section 33(1) provides that:
a ‘where a will contains a devise or bequest to a child or remoter descendant of the testator; and
b the intended beneficiary dies before the testator, leaving issue; and
c issue of the intended beneficiary are living at the testator’s death,
then, unless a contrary intention appears by the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator’s death’."


a, b and c are all true in my dh's aunt's case.


However, I am not sure if the case of 'joint tenancy' with 'implied accurers' referred to later in your link is implied in the wording of auntie's will (please see wording in my last post). I would be grateful for any further clarification you may be able to offer.

Nenen

Mojisola wrote: »

The will was not well written. It should have allowed for this situation.

I couldn't agree more Mojisola. I am angry that the solicitor charged auntie a large fee to draw up an ambiguous will. I thought the whole point of going to solicitors was to make sure everything was crystal clear!

Mojisola

Nenen wrote: »

Thank you so much for the reply and link sleepless saver but this has confused me more as it states:

"The statutory saving in the Wills Act (ii) has wide-reaching implications. Section 33(1) provides that:
a ‘where a will contains a devise or bequest to a child or remoter descendant of the testator; and
b the intended beneficiary dies before the testator, leaving issue; and
c issue of the intended beneficiary are living at the testator’s death,
then, unless a contrary intention appears by the will, the devise or bequest shall take effect as a devise or bequest to the issue living at the testator’s death’."

a, b and c are all true in my dh's aunt's case.

However, I am not sure if the case of 'joint tenancy' with 'implied accurers' referred to later in your link is implied in the wording of auntie's will (please see wording in my last post). I would be grateful for any further clarification you may be able to offer.

I think this refers to child, grandchild, great-grandchild, etc. Nieces and nephews don't count.

Nenen

Mojisola wrote: »

This would be the line I would take - to comply with the law your husband has to divide the estate between the surviving nephews and nieces but there's nothing to stop him putting the figures in a letter saying that if the estate had been split five ways each beneficiary would have received (for example) £1300. Because X has died, the remaining beneficiaries are now to receive £1625. As a gesture of goodwill because he feels that their aunt would have wanted it, he is sending a cheque for £325 to his niece. It's up to all the others to do what they want to do.

Dh is very taken with this suggestion Mojisola - many thanks.

Nenen

Mojisola wrote: »

I think this refers to child, grandchild, great-grandchild, etc. Nieces and nephews don't count.

I wondered about that Mojisola... I wish these things were clearer!

Does anyone know whether we could have one of the free half hour advice sessions some solicitors offer for an inheritance issue?

Nenen

londonsurrey wrote: »

If the will stated that it was to be split between the nieces and nephews or their estates, then it would be everyone, including the dead. If it stated simply nieces and nephews, then its the surviving ones.

My MIL had three sons. Her estate was to be split between the sons. My husband died. I don't get anything from her will.

Did you have any children at the time of MIL's death londonsurrey? If so, then, unless the will specifically stated to the contrary the link sleepless saver posted suggests that your children should have shared their deceased father's share of MIL's estate.

Nenen

mountainofdebt wrote: »

OP - why doesn't your OH threaten to take the issue to a solicitor who will no doubt refer it to a specialist barrister and just mention the potential costs (or loss of inheritance) - and hopefully this will make them see sense ....or alternatively (if the relationship isn't that close) tell them what you told us - that they couldn't be interested in the aunt whilst she was alive?

I must admit that is what I feel like doing mountainofdebt! Made worse by the fact that one of the nieces (the one who insists she will go to court of my dh gives a share to the daughter of the niece who died) rang at 8.30 a.m. the day after the funeral to ask how much money she would be getting and when... I don't think she had the nerve to ask to our faces at the funeral as my dh was in tears. The irony is that she is the wealthiest of all the nieces and nephews by far!

Trouble is my dh has been devastated by the loss of his aunt (his parents died when he was quite young and he has always been very close to her). She was a surrogate granny to our children, who are also distraught at losing her. DH's cousins are the only relatives he has now (other than me and our children) and he feels desperately sad and alone. The last thing he wants right now is an argument, which is why I am keen to find out the legal position and save him from further angst.

mountainofdebt

OP

for what's its worth, if I was your OH, I wouldn't want to take the advice off a bunch of strangers who haven't seen the original document and won't have to face the consequences if he gets it wrong (you never know the daughter of the deceased niece may also assume she's going to inherit)

What I would do is say to all the nieces and nephews that as he is unsure of the legal position he's going to take legal advice and that the cost of which will come out of the pot and see what their reaction is