Beneficiaries Contesting Will Holding Up Distribution of Estate

ChoccyPiglet

I am acting as executor for an elderly friend who died last year. This lady had two stepchildren (now in their 70s themselves) who she hadn't seen for more than 30 years. The stepchildren's father died in the 1970s. There are 9 beneficiaries who receive a specific sum of money in the Will, including the two stepchildren. The stepchildren are not happy with the money they have been gifted and obviously believe the residue of about £300,000 should be theirs. They have tried to contest the Will on grounds of coercion (there was none!) and lack of mental capacity. I have had to request medical records, which show that there was no hint of lack of capacity when the Will was made. Basically, they now need to put up or shut up, but they are doing nothing! My problem is I cannot distribute the estate while these stepchildren sit the situation out, obviously hoping for some sort of negotiation, but the three residuary beneficiaries feel they should not give in to what amounts to nothing more than blackmail (i.e. we will give up our ridiculous claims if you pay us off!). What is sad is that a couple of the beneficiaries are elderly themselves and all the while this drags on, they will not have the benefit of their bequests. Does anybody have any idea what, if anything, can be done, please?

maximumgardener

if they are now "doing nothing" as you say...its likely they will continue with that .
a letter from the solicitor should do the trick and let you all get on with the distribution of the estate according to the will.
If they choose to take it to court the evidence seems stacked in your favour and the deceased persons will should take precedence
are you the only executor?

buildersdaughter

I presume that you are trying to do this without consulting solicitors and therefore reducing the value of the estate?
I would speak to the Probate Office to check this out, then consider the following:
A partial distribution, to those who have a specific sum of money named.
A partial distribution to the residuary legatees - based on what they would get should the stepchildren succeed, and knock off some for legal fees. You'll need to err on the low side, but could at least enable them to get some benefit.
Write formally to the step-children, using 'Signed For' mail. Say that should they continue, you will need to seek legal advice, and the fees will come out of the estate, therefore reducing it. Depending on the sums involved, that may resolve the situation.

When my grandfather made his will, he named specific sums as well. The money he left me represented 25% of an ordinary house in the village where we lived. By the time he died, it bought me a nice print that reminded me of him! Think about 4 months' average wage, eroded by inflation to 1 week's worth. I can see why that would upset those who have some sense of entitlement (as opposed to a nice gift)

You could of course, consider upping the specific sums by the official rate of inflation, as a goodwill gesture. But the other beneficiaries would have to agree, and that may put the estate out of balance. I would certainly get legal advice. It may just be the compromise that would work.

AnotherJoe

Look at the recent court case of Elliot v Simmonds (see this thread https://forums.moneysavingexpert.com/discussion/5833024/court-costs) which creates a precedent that legal costs are payable by the claimant if its decided there was no reasonable grounds for challenging the will and they continue past that point.
So unless they have any evidence of coercion (which you say there is none) nor medical grounds (again you seem to be OK there) they should be advised the costs will fall on them.

Keep_pedalling

How long ago was probate granted. If it was over 6 months ago, then they have left it too late to claim. If under 6 months, I would simply wait until the 6 months was up then distribute the residual estate.

lukewarn

I was in a very similar situation very recently.

I was sole executor ,two beneficiaries thought they should have been left more by the deceased.

I tried to distribute the estate but (through a solicitor) they returned the cheques - this was another way of them trying to threaten me into agreeing to a part 36 offer to vary the will - no chance.

They tried every trick in the book - unsound mind,undue influence and when both failed they tried to get me to pay their legal costs due to (in their solicitor's words) my 'poor conduct in not replying to their solicitors' letters'

They took me to the county court a first time - judge found in my favour as their claim was 'disproportionate'

They took me to the county court a second time trying to vary the first judges' decision - again the result was in my favour (Application dismissed, no order as to costs) The judge more or less laughed at their barrister - yes they even employed a barrister to try and frighten me.

I never employed a solicitor but just stood my ground as there was a probated will.

In your case I would just ignore their threats and distribute the estate.

If they return the cheques (as they did in my case) just do nothing and see if they want to take you to court let them,they will probably lose and end up paying their own costs. You have a duty to safeguard the estate and by not responding or employing a solicitor you are doing a good job as executor.

The guys on this forum were a fantastic help to me at a testing time and I thank them all for that.

ChoccyPiglet

maximumgardener wrote: »

if they are now "doing nothing" as you say...its likely they will continue with that .
a letter from the solicitor should do the trick and let you all get on with the distribution of the estate according to the will.
If they choose to take it to court the evidence seems stacked in your favour and the deceased persons will should take precedence
are you the only executor?

I think the problem seems to be with the "if they choose to take it to court", as they are choosing to do nothing other than keeping us waiting at the moment. Yes, I am the only executor.

ChoccyPiglet

buildersdaughter wrote: »

I presume that you are trying to do this without consulting solicitors and therefore reducing the value of the estate?
I would speak to the Probate Office to check this out, then consider the following:
A partial distribution, to those who have a specific sum of money named.
A partial distribution to the residuary legatees - based on what they would get should the stepchildren succeed, and knock off some for legal fees. You'll need to err on the low side, but could at least enable them to get some benefit.
Write formally to the step-children, using 'Signed For' mail. Say that should they continue, you will need to seek legal advice, and the fees will come out of the estate, therefore reducing it. Depending on the sums involved, that may resolve the situation.

When my grandfather made his will, he named specific sums as well. The money he left me represented 25% of an ordinary house in the village where we lived. By the time he died, it bought me a nice print that reminded me of him! Think about 4 months' average wage, eroded by inflation to 1 week's worth. I can see why that would upset those who have some sense of entitlement (as opposed to a nice gift)

You could of course, consider upping the specific sums by the official rate of inflation, as a goodwill gesture. But the other beneficiaries would have to agree, and that may put the estate out of balance. I would certainly get legal advice. It may just be the compromise that would work.

Thank you for your reply. I am wary of distributing anything as obviously, should they decide to go to court in the future and they manage to find an "expert" who can manipulate the lack of evidence and influence the court (you never know!), the responsibility lies with me to repay any legacies, as obviously the Will would then be invalid and the rules of intestacy would apply.

Keep_pedalling

ChoccyPiglet wrote: »

Thank you for your reply. I am wary of distributing anything as obviously, should they decide to go to court in the future and they manage to find an "expert" who can manipulate the lack of evidence and influence the court (you never know!), the responsibility lies with me to repay any legacies, as obviously the Will would then be invalid and the rules of intestacy would apply.

As per my previous question, when was probate granted?

ChoccyPiglet

Keep_pedalling wrote: »

How long ago was probate granted. If it was over 6 months ago, then they have left it too late to claim. If under 6 months, I would simply wait until the 6 months was up then distribute the residual estate.

Probate was granted more than six months ago, but the six month limitation only applies in certain circumstances, such as when "reasonable provision" has not been made. I understand there is no time limit for making a claim if you are disputing the validity of a Will. That then begs the question what happens if a claim is made years after an estate has been distributed?

SevenOfNine

You might have to resort to finding a contentious probate solicitor. Don't know about cost££££, but clearly a way to bring this to a close is needed so maybe do a bit of research on that.

Might glean enough info, answer some questions or make useful suggestions just through a google search. Good luck.