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Executor`s Duties

2010
2010 Posts: 5,556 Forumite
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edited 21 July 2014 at 1:40PM in Deaths, funerals & probate
A relative is a benficiary in a will for a small amount of money.
The two named executors and main beneficiaries are, shall we say, not all that friendly.
How can she be sure that they carry out what`s in the will and don`t "forget" her small bequeathment.
No solicitor involved just the two main benefiaries.

Comments

  • rosy798
    rosy798 Posts: 494 Forumite
    I am in a similar position myself. Not been easy even to get a copy of my Mothers will took me lodging a caveat. Two executors are trying to ignore certain assets and all the cash in the house. Frankly its horrible. I hope your relative has more luck
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    First off, she can write and ask the executor for a copy o the will. She does not have an absolute entitlement to it, but that would be the first step.

    Once probate has been granted, she will be able to obtain a copy of the will via the probate registry, as will become public documents once probate is granted (see https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records)

    Executors are personally liable if they fail to keep to the rules. However, your friend should bear in mind that there are circumstances where a legacy might not be paid - for instance, if the debts and priority bequests use up all of the assets, or where the gift was of specific property, and the person no longer owned that specific property at the time they died.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • 2010
    2010 Posts: 5,556 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    TBagpuss wrote: »
    Executors are personally liable if they fail to keep to the rules.

    If they ignor the bequest, then is the only option to sue them?
    (small claims)
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    2010 wrote: »
    If they ignor the bequest, then is the only option to sue them?
    (small claims)
    Yes but as a very last resort. Always assuming the amount is below the Small Claims Track limit.m
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    2010 wrote: »
    A relative is a benficiary in a will for a small amount of money.
    The two named executors and main beneficiaries are, shall we say, not all that friendly.
    How can she be sure that they carry out what`s in the will and don`t "forget" her small bequeathment.
    No solicitor involved just the two main benefiaries.
    This link might be useful

    http://www.step.org/tackling-troublesome-executors
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