Executors question

Thrugelmir

sanfairyanne said:

BooJewels said:

@sanfairyanne said:

Her daughter intends to give her children some of the money and split the rest between her mother and herself. 

I just don't see how that can even be an option.  Executors don't have a say as to how the estate is distributed - their duty is to 'execute the will' and distribute the estate according to the detail laid out.

If the deceased's spouse, as rightful beneficiary of the estate and therefore this payout, then chooses to gift some to her daughter and grandchildren, then that's another matter entirely.

Some life insurance and pension lump sums fall outside of the estate for IHT and go to a named beneficiary and don't form part of the estate, but if the insurance company wanted it to go to an executor type account, then that doesn't sound to be the case here.

Thanks as one of the executors I'm just going to demand that the money be paid to the deceased's wife. After that they can do whatever they like with it. 

Executors carry personal liability for their actions. Executorship is a legal responsibility that's clearly laid out. Something you need to remind your niece of. 

sanfairyanne

Thrugelmir said:

sanfairyanne said:

BooJewels said:

@sanfairyanne said:

Her daughter intends to give her children some of the money and split the rest between her mother and herself. 

I just don't see how that can even be an option.  Executors don't have a say as to how the estate is distributed - their duty is to 'execute the will' and distribute the estate according to the detail laid out.

If the deceased's spouse, as rightful beneficiary of the estate and therefore this payout, then chooses to gift some to her daughter and grandchildren, then that's another matter entirely.

Some life insurance and pension lump sums fall outside of the estate for IHT and go to a named beneficiary and don't form part of the estate, but if the insurance company wanted it to go to an executor type account, then that doesn't sound to be the case here.

Thanks as one of the executors I'm just going to demand that the money be paid to the deceased's wife. After that they can do whatever they like with it. 

Executors carry personal liability for their actions. Executorship is a legal responsibility that's clearly laid out. Something you need to remind your niece of. 

Thanks you make absolute sense. I fully understand.