Gratuaity moveable estate

Peco141

Can anyone advise if a gratuity payment to a friend who cared for the deceased would be deductible from from the movable estate or the entire estate?

Linton

Is the payment required under the will or is it just something the executors want to do? If it's a payment under the will the exact wording of the will may be important. If it's not required by the will then the executors cant make the payment without the approval of those beneficiaries who would be adversely affected. It may be easier for the beneficiaries who wish to pay the gratuity to do so from their own money after distribution.

Yorkshireman99

Peco141 wrote: »

Can anyone advise if a gratuity payment to a friend who cared for the deceased would be deductible from from the movable estate or the entire estate?

Unless the will leaves an amount to the person then the executors have no right to pay anything at all. They have to distribute the estate as per the will.

Peco141

Linton wrote: »

Is the payment required under the will or is it just something the executors want to do? If it's a payment under the will the exact wording of the will may be important. If it's not required by the will then the executors cant make the payment without the approval of those beneficiaries who would be adversely affected. It may be easier for the beneficiaries who wish to pay the gratuity to do so from their own money after distribution.

The executor does have the approval of the beneficiaries. However one of the beneficiaries per the will is entitled to a share of only movable estate, the other a percentage of the entire estate.

The executor is therefore not clear whether to make the gratuity payment from the movable estate or the entire.

Yorkshireman99

Peco141 wrote: »

The executor does have the approval of the beneficiaries. However one of the beneficiaries per the will is entitled to a share of only movable estate, the other a percentage of the entire estate.

The executor is therefore not clear whether to make the gratuity payment from the movable estate or the entire.

AFAIK the beneficiaries do not have the power to do that. In England a deed of variation could be done by a beneficiary but not by the executor. The system may well be totally different in Scotland. The executor must take professional advice as to what can or cannot be done.

Linton

If the beneficiaries are changing the will by Deed of Variation isnt it up to them to define the details of where the money comes from?

When I was an executor we had a similar situation in that the relative had said that he wanted some small gifts made but had not put this in his will. All the beneficiaries contributed personally, the money did not come from the estate.

Yorkshireman99

Linton wrote: »

If the beneficiaries are changing the will by Deed of Variation isnt it up to them to define the details of where the money comes from?

When I was an executor we had a similar situation in that the relative had said that he wanted some small gifts made but had not put this in his will. All the beneficiaries contributed personally, the money did not come from the estate.

A DOV does not alter the will or the distribution from it. It is done by the beneficiaries themselves and is nothing to do with the executors. That is what happens in England and Wales but as I said is different in Scotland.

dresdendave

Why doesn't the executor distribute the estate according to the will? If any of the beneficiaries wish to, of their own free will, they can then pay something to the person concerned.

Peco141

The executor has the approval of all two beneficiaries to make the goodwill gesture.

However if it is paid from the movable estate one of the beneficiaries will be more out of pocket than the other two.

I don't think there is a correct answer to this question.

Yorkshireman99

Peco141 wrote: »

The executor has the approval of all two beneficiaries to make the goodwill gesture.

However if it is paid from the movable estate one of the beneficiaries will be more out of pocket than the other two.

I don't think there is a correct answer to this question.

AIUI the executor MUST distribute the estate according to the will. They are not allowed to do anything else even if the beneficiaries agree. Any subsequent redistribution has to be done by the beneficiaries. However the executor really must get professional advice.

Linton

Yorkshireman99 wrote: »

AIUI the executor MUST distribute the estate according to the will. They are not allowed to do anything else even if the beneficiaries agree. Any subsequent redistribution has to be done by the beneficiaries. However the exutor really must get professional advice.

https://www.gov.uk/alter-a-will-after-a-death may help.