Will advice

Lauraje

In 2010 a member of my family passed away leaving an estate of around 95k, the will was written it was a diy kit from whsmith. The sole benefiary was the deceased son. And he and the money spilt to be released at different age intervals. He has already had a lot of the money, but there is one more payout due will states the age of 30, in a few years. But he is useless with money and is now harassing to get this money released telling all the excuetors that they are breaking the law by holding his money. Are they correct in refusing to release any money early?
As they are being sent threatening messages daily on the last count about 7 in one day. Any advice would be much appreciated.

Margot123

Has Probate been granted, or has someone taken it upon themselves to distribute the estate based on the wording of this DIY will?

Margot123

BTW a little apostrophe and an 's' can change the whole meaning of........'The sole beneficiary was the deceased son'.

Yorkshireman99

Lauraje wrote: »

In 2010 a member of my family passed away leaving an estate of around 95k, the will was written it was a diy kit from whsmith. The sole benefiary was the deceased son. And he and the money spilt to be released at different age intervals. He has already had a lot of the money, but there is one more payout due will states the age of 30, in a few years. But he is useless with money and is now harassing to get this money released telling all the excuetors that they are breaking the law by holding his money. Are they correct in refusing to release any money early?
As they are being sent threatening messages daily on the last count about 7 in one day. Any advice would be much appreciated.

They are correct. Once the beneficary reaches 18 they are entitled to the full amount regardless of what the will says.That does not excuse him harassing the executor(s). The sooner they pay up the better.

Margot123

Yorkshireman99 wrote: »

They are correct. Once the beneficary reaches 18 they are entitled to the full amount regardless of what the will says.That does not excuse him harassing the executor(s). The sooner they pay up the better.

If Probate has actually been granted........

Yorkshireman99

Margot123 wrote: »

If Probate has actually been granted........

The will may not have required probate. In any case the executor(s) have already distributed some of the estate so I assume if the needed probate they have obtained it. Either way the beneficiary is entitled to full payment now.

Margot123

The OP said ........'leaving an estate of around 95k.....'. I would say that sum would require Probate. They have also said .....'the will was written it was a diy kit from whsmith'.....
These are my reasons for asking whether Probate was granted.

TBagpuss

OK, it depends on the wording of the will, but it sounds as though the testator probably created a 'bare trust' - if so, then because the beneficiary has a right to the money, they can indeed require that the trust is wound up 'early' .

However, if the executors are not clear about their position, they can check with a solicitor, normally the costs of getting legal advice about administering an estate would be paid from the estate, not by the executors personally.

They can also then ensure that they get any receipts of other paperwork done properly to ensure that the y have a paper trail showing that the trust has been correctly wound up and that they have completed their duties.

Lauraje

Yes the estate went through probate

Lauraje

The will may have been a diy kit, but was written and witnessed by hospice staff. The beneficiary was already 18 at the time of writing of the will, but she was well aware of how reckless with money and possessions he had already become so to try and set him up in later life, the will was written with specific ages for release and so far as been stuck to. The excuetors are parents and in laws of the deceased so want to stick to her final wishes to the letter.

macman

If the son is sending threatening messages then he should be reported to the police. If he wants to challenge the will or the executors then he is free to do so-but not by using threats.