Executor of will - share left for celebration problem!

monicadm

As executor of a will which has been left to a number of people and a share that was to be spent on celebrational small gifts on the persons birthday. Sounds straight forward - the money is in an account and the will said that no person would have cash but everyone knows this money exist and I now have people asking for their share of the cash and money for holidays. As stated in the will it is up to me to decide who has what and on talking to the person before his death The money was to be spent wisely and should last for as long as possible.

Can I ask if anyone has been in the same situation and how you handled people's demands?

Errata

As executor you are legally required and responsible for following the willmakers wishes. The willmaker trusted you to do this.
Celebrational small gifts ae just that, not £££££ to fund a holiday in the Maldives.

LEJC

What a lovely idea.

shame its not being taken in the same spirit it is being offered.

If people want a lumpsum for their holidays then why not think outside the box and say "relation knew you loved travel...so we've got you a new suitcase"...or book an excursion for them once they have confirmed the destination.

We did have something possibly similar when my mother died although not specified exactly what within her will...but we knew that she wished each of her grandchildren to learn something from their inheritance...we then arranged for 2 of them to take scuba courses... 1 of the others had some driving lessons...and 1 has enrolled on a college course that they wouldnt have previously thought of.

Is it meant to be small presents that turn up over a number of years or given as a one off gift?

I think you must give a gift if thats whats been specified but maybe you might have to start thinking a little outside the box on what you give

princeofpounds

It's an unusual situation so I doubt too many people will be in exactly the same one.

You simply need to point people to the definition of your duties ('small celebrational gifts') in the will, say that you are legally bound to that definition and if you don't follow it the other beneficiaries could sue you. Remind them that it's not a slush fund.

Mojisola

monicadm wrote: »

As executor of a will which has been left to a number of people and a share that was to be spent on celebrational small gifts on the persons birthday. Sounds straight forward - the money is in an account and the will said that no person would have cash but everyone knows this money exist and I now have people asking for their share of the cash and money for holidays.

As stated in the will it is up to me to decide who has what and on talking to the person before his death The money was to be spent wisely and should last for as long as possible.

Can I ask if anyone has been in the same situation and how you handled people's demands?

There must have been a good reason why the deceased didn't want to hand over the cash but I wouldn't put an executor into this difficult position. It's a bizarre situation - how many years are you expected to keep buying presents for these people?

As things stand, you have to tell the beneficiaries that they can't have cash.

monicadm

Thank You!

Yes I totally agree but although each of the people knew these terms as it was told them by the solicitor. I have two people that are now starting to make demands and make it personal. One has started to say that I have no right to spend the money. The money at present is still sitting in account (the will was only finalised last week), and will continue to sit there until it is spent on what the old man wanted.

The old man had no family and those who benefitted from his estate were people that he had not seen for many years. However one of the people involved was a younger friend who did visit from time to time and so they feel that the money should have been theirs and theirs alone.

The old man, my fathers best friend when they were children, always said he would change his will and leave it to the cats home...dealing with some of the people who benefitted - I wish he would have! You read about people's greed but seeing it isn't a pleasant experience!

lostinrates

What a horrid position. Horrifically unfair to have put you in such an unenviable place IMO.


Can you ask, c
what they want to do with the money and buy towards that for them, therefore satisfying the terms of the will but also the horrid greedy people? I don't know if that would be satisfactory?

HPoirot

You can only follow the letter of the will, so tell the beneficiaries that your hands are tied and are only allowed to spend on their birthdays. And not on yourself either.

monicadm

As pointed out it is an odd request although I think he felt that it was a way of being thought of from time to time so presents rather than cash.

I really liked the way LEJC termed that sentance - I think this is the way I need to learn to speak! I know I need to be stronger - these people are not the nicest - it started at the funeral and they have kept it up, but alas the solicitor dealt with them but now it is my turn!

LEJC I think when the will was made back in the very late 70's the old man thought he would get more for the £ and of course a lot of the money went to pay debts caused by old age - care etc!

monicadm

Mr P I am only the gate keeper as they say..not mine to spend and talking to the Old Man, that is our name for him, I just know he would come and haunt me if I didn't behave myself - although I suspect if he could hear rhese people talk he would never had been associated with them!

Sensible_Jess

LEJC wrote: »

.but we knew that she wished each of her grandchildren to learn something from their inheritance...we then arranged for 2 of them to take scuba courses... 1 of the others had some driving lessons...and 1 has enrolled on a college course that they wouldnt have previously thought of.

That is a great idea - what a great way to use an inheritance (taking notes)