Executor changed will without consent of other executor

Troytempest

MrsT is co executor of her sisters will.  The other executor is one of the deceased sisters children.
The will provides a fixed sum from the estate to be paid to each of the 3 children with any balance to be given to charity.
The will does state that if one of the children falls into hardship then a further distribution could be made to that child (when I say child - all now in 40s). This would have the effect of reducing the balance to go to the charity.

One of the 'children' has now pleaded poverty and one of the executors has agreed a further 10k to that person. MrsT, the other executor had no knowledge of this.

Is this a potential legal issue....

Thank you 

Brie

legal issues cost money. 

Does anyone disagree with her decision?  I would agree it should have been discussed. 

The "child" will likely know how likely the one who got extra has pulled this thing before.  Or is it just a bit of annoyance about "I work hard, they should too"?

Troytempest

Thanks Brie

Yes, MrsT the other executor would not have agreed.  Whether legal issues cost money or not is not relevant here. Has the other executor broken any laws?

elsien

Has the second executor (Mrs T)  reserved their powers?
Has the money now been distributed or not? 

Sea_Shell

Troytempest said:

MrsT is co executor of her sisters will.  The other executor is one of the deceased sisters children.
The will provides a fixed sum from the estate to be paid to each of the 3 children with any balance to be given to charity.
The will does state that if one of the children falls into hardship then a further distribution could be made to that child (when I say child - all now in 40s). This would have the effect of reducing the balance to go to the charity.

One of the 'children' has now pleaded poverty and one of the executors has agreed a further 10k to that person. MrsT, the other executor had no knowledge of this.

Is this a potential legal issue....

Thank you 

Does the will define what's meant by "hardship"?   Executor discretion?

It reads (to me) that it's only the charity that misses out.   If they're not happy, it's up to them to bring a claim against the estate, AIUI they, as residual beneficiary, should be shown the estate accounts.

Has the will gone to probate, so is now public?

As always the exact wording of the will counts here.

But yes, the charity may feel short-changed and could pursue.

GDB2222

Troytempest said:

Thanks Brie

Yes, MrsT the other executor would not have agreed.  Whether legal issues cost money or not is not relevant here. Has the other executor broken any laws?

There's nothing criminal here, but maybe a breach of trust, which is a civil matter. 

Decisions of joint executors obviously need to be made by both of them, and the courts will rule on breaches of trust, if asked. 

However, as @Brie said, this could eat up an awful lot more than £10k out of the estate in fees. If you are hoping that the executor who made the decision will pay all the costs, that's not a forgone conclusion. 

How are withdrawals from the bank handled? Do both executors need to sign/do something, or can one executor do it on their own?  Has the £10k been paid, or just promised?

You have not said what your position is in all this. Do you act for one of the charities? If not, just let them know, and let them handle it. If you wade in, and start a legal fight, you could cost the charities a great deal more than £10k.

Troytempest

Thanks for comments.....

No MrsT has not reserved powers and has been an active participant in the administration of the estate (until this).

Probate was granted last summer.

The additional £10k has not yet been distributed and I think the wording is a little vague but it is more the principal (legal) that both executors should have to agree any variation to the distribution.

GDB2222

Troytempest said:

Thanks for comments.....

No MrsT has not reserved powers and has been an active participant in the administration of the estate (until this).

Probate was granted last summer.

The additional £10k has not yet been distributed and I think the wording is a little vague but it is more the principal (legal) that both executors should have to agree any variation to the distribution.

You are making a fuss out of nothing, then. One of the executors has said they think the £10k hardship payment is reasonable. Just remind that executor that they need to involve Mrs T in the decision. Maybe Mrs T will agree, in which case that's all good.

Ahem, is Mrs T you, @Troytempest? Lots of Ts about.

Marcon

GDB2222 said:

Troytempest said:

Thanks for comments.....

No MrsT has not reserved powers and has been an active participant in the administration of the estate (until this).

Probate was granted last summer.

The additional £10k has not yet been distributed and I think the wording is a little vague but it is more the principal (legal) that both executors should have to agree any variation to the distribution.

You are making a fuss out of nothing, then. One of the executors has said they think the £10k hardship payment is reasonable. Just remind that executor that they need to involve Mrs T in the decision. Maybe Mrs T will agree, in which case that's all good.

Ahem, is Mrs T you, @Troytempest? Lots of Ts about.

Not a fuss, and not about 'nothing'. Look at the wording of OP's post (above and also below). Where there's more than one executor, one of them would not be able to act alone/take decision on their own, unless permission has been given by the other executor. 

Troytempest said:

One of the 'children' has now pleaded poverty and one of the executors has agreed a further 10k to that person. MrsT, the other executor had no knowledge of this.

Point out to the executor that Mrs T is required to approve this, but if in reality she would agree, then definitely not worth making a 'thing' about it. On the other hand...

Troytempest

Thank you.... 

MrsT would be unlikely to approve it without a lot more information. 

GDB2222

Marcon said:

GDB2222 said:

Troytempest said:

Thanks for comments.....

No MrsT has not reserved powers and has been an active participant in the administration of the estate (until this).

Probate was granted last summer.

The additional £10k has not yet been distributed and I think the wording is a little vague but it is more the principal (legal) that both executors should have to agree any variation to the distribution.

You are making a fuss out of nothing, then. One of the executors has said they think the £10k hardship payment is reasonable. Just remind that executor that they need to involve Mrs T in the decision. Maybe Mrs T will agree, in which case that's all good.

Ahem, is Mrs T you, @Troytempest? Lots of Ts about.

Not a fuss, and not about 'nothing'. Look at the wording of OP's post (above and also below). Where there's more than one executor, one of them would not be able to act alone/take decision on their own, unless permission has been given by the other executor. 

Troytempest said:

One of the 'children' has now pleaded poverty and one of the executors has agreed a further 10k to that person. MrsT, the other executor had no knowledge of this.

Point out to the executor that Mrs T is required to approve this, but if in reality she would agree, then definitely not worth making a 'thing' about it. On the other hand...

It’s not apparent that the executor has said anything more than that she agrees that the sister is deserving of an extra £10k. The executor may well have it in mind that she needs to discuss it with her Co trustee, whereas the beneficiary may think it is a done deal. 

This can easily be sorted out. I think it’s good of the op to take on the burden of being an executor.