Signed and unsigned will

paigesaunt

There's absolutely no doubt that this person is not fit to be executor, it's astonishing that the deceased made him executor in the last few months of life.
A very large sum was deposited into one of the executors personal bank account two days after death.
I have researched extensively on behalf of one of the residule beneficiaries but there doesn't seem to be anything anyone can do, meanwhile the properties which should be sold (at least on the market) and form part of the estate for distribution to the residule beneficiaries have somehow made their way into a property rental business which the two executors have 50% each shares in.
It pains me, the deceased worked hard all his life and his two children (the executors) gave up work the second he passed away, and have sat around for the last year spending like lottery winners whilst the residule beneficiaries struggle.
Allegedly, they haven't applied for probate yet as they haven't got enough funds to pay the first instalment of inheritance tax, with an estate valued at 2.2 million I feel sure a bank would have advanced a loan, but they don't want to sell all the properties because the two shareholders get nice big incomes for doing nothing.

paigesaunt

Just to add, I do have a copy of the signed will, dated 5 months before death, I can only assume it was the last signed will, but who knows.
It's just very odd that someone who was adamant for many years how his estate was to be distributed and who the executors were, this latest will is completely different to what he has told everyone for over 30 years, including a change of executors!

Keep_pedalling

paigesaunt wrote: »

There's absolutely no doubt that this person is not fit to be executor, it's astonishing that the deceased made him executor in the last few months of life.
A very large sum was deposited into one of the executors personal bank account two days after death.
I have researched extensively on behalf of one of the residule beneficiaries but there doesn't seem to be anything anyone can do, meanwhile the properties which should be sold (at least on the market) and form part of the estate for distribution to the residule beneficiaries have somehow made their way into a property rental business which the two executors have 50% each shares in.
It pains me, the deceased worked hard all his life and his two children (the executors) gave up work the second he passed away, and have sat around for the last year spending like lottery winners whilst the residule beneficiaries struggle.
Allegedly, they haven't applied for probate yet as they haven't got enough funds to pay the first instalment of inheritance tax, with an estate valued at 2.2 million I feel sure a bank would have advanced a loan, but they don't want to sell all the properties because the two shareholders get nice big incomes for doing nothing.

From your first sentence it sounds like the valid will has different executors. If that is so what are they doing?

paigesaunt

Different executors, different wishes.

I'm sure it'll all come out one day, it just saddens me that the joy his legacy was meant to generate for all benefactors of his hard work has been spoilt by the executors greed!

Very grateful for all the replies and I will keep you updated.

Keep_pedalling

paigesaunt wrote: »

Different executors, different wishes.

I'm sure it'll all come out one day, it just saddens me that the joy his legacy was meant to generate for all benefactors of his hard work has been spoilt by the executors greed!

Very grateful for all the replies and I will keep you updated.

But the person named as executor in the invalid will has no powers to act, that is down to the executors named in the last valid will, someone needs to give them a hard kick up the bottom.

getmore4less

Flugelhorn wrote: »

years back my grandmother somehow managed to get her will witnessed by her friends at a birthday tea (though what they thought they were signing I don't know) but didn't actually sign the thing herself...

The witness is of the signature being made in their presence, not the will.

getmore4less

paigesaunt wrote: »

Just to add, I do have a copy of the signed will, dated 5 months before death, I can only assume it was the last signed will, but who knows.
It's just very odd that someone who was adamant for many years how his estate was to be distributed and who the executors were, this latest will is completely different to what he has told everyone for over 30 years, including a change of executors!

The affected beneficiaries should get legal advice and probably enter a caveat ASAP just in case it is not too late.

I read it as the executors of the signed(5month ago) will were the same as the more recent one.

if different they should proceed with an application.

The unsigned one should not be admissible

buildersdaughter

I'd agree, caveat AND legal advice - sounds rather a mess

Flugelhorn

seven-day-weekend wrote: »

Isn't it supposed to be the signature that is witnessed? The witness should be able to say if necessary that they witnessed Mrs X signing a document, to ascertain that it was indeed Mrs X, and that it is indeed Mrs X's signature. Witnessing an unsigned document means nothing.

Quite - there was much eye rolling when we found the document. She had bought the template from WH Smiths and they duly made a hash of it. really didn't matter in the end as there was little money and the sentiment of the unsigned paper was predictable

paigesaunt

The executors in the signed and unsigned wills are the same.

The fact that something underhand could be going on with executor number 1, was brought to attention by the original named executor of over 30 years, he mentioned his worries to one of the residule beneficiaries who in turn spoke about it with executor number 2, who showed concern but agreed she had left all matters to her sibling, executor number 1.
Number 2 arranged a meeting for the original executor, current executors and all residule beneficiaries to attend, this was then cancelled, executor number 2 then had a shiny new car, the best friend and original executor (for over 60 years) was ousted and since then my family member (one of the residule beneficiaries) has been fobbed off and drip fed money in small quantities whenever he contacts executor number 1 to ask how things are progressing.