Executor changed will without consent of other executor

Keep_pedalling

This is a very strange will and I would have thought that clause is not enforceable without the consent of the loosing beneficiary. I think legal advice should be sort to avoid being taken through the courts by the charity. 

The only way I could see that this sort of arrangement could actually work is if a discresionary trust was involved.

fisher66

Keep_pedalling said:

This is a very strange will and I would have thought that clause is not enforceable without the consent of the loosing beneficiary. I think legal advice should be sort to avoid being taken through the courts by the charity. 

The only way I could see that this sort of arrangement could actually work is if a discresionary trust was involved.

The OP says the balance is left to Charity and does not state a specific Charity. If this is the case then there will be noone who could object as the charity(s) will later be chosen by the executors with perhaps an expression of wishes from the deceased. If there is a specific charity named up front then you are correct.

Keep_pedalling

Was this will professionally drafted? 

There is apparently such a thing as a discretionary will, but such a will would need proper drafting to give the executors the authority to decide the distribution.

https://www.bdbpitmans.com/insights/keeping-your-will-under-wraps-for-flexibility/

Malthusian

fisher66 said:

The OP says the balance is left to Charity and does not state a specific Charity. If this is the case then there will be noone who could object as the charity(s) will later be chosen by the executors with perhaps an expression of wishes from the deceased. If there is a specific charity named up front then you are correct.

In which case I would be inclined to divide the estate entirely between all three children equally - after taking legal advice at the estate's expense.

The children can launch legal action against the executors if they think their respective hardships haven't been properly taken into account, whereas "some unspecified charity" cannot.

The correct option would have been to renounce the executorship at the start and let the children sort themselves out (it doesn't sound like Mrs T is a beneficiary), but as probate has been granted, that ship has sailed.

"To each according to their need" belongs in the Communist Manifesto, not Wills.

Troytempest

Thank you. I have now discovered that the formal will left everything equally to the three children. It was a very recent letter of wishes signed by the deceased only a few months before death that requested a fixed sum to the 3 children and any balance to a specific charity. 

The 3 children are happy about this as they know it's what the mother wanted. 

Bit of a mess and a shame a new will wasn't done. 

Keep_pedalling

So in effect anything going to the charity is a gift from the beneficiaries not a legacy from the will. The executor should simply divide the estate 3 ways and let the beneficiaries make the gifts to the charity if they want to follow their mother’s wishes. The charity should be able to benefit from this as, providing the beneficiaries have sufficient income, the gifts can be enhanced though gift aid.

GDB2222

Is the estate big enough that IHT is payable?

Spendless

Isn't a letter of wishes exactly that 'I wish this to happen....' but it's not legally binding and the executors don't have to follow this and just do what is in the will? (I could be totally wrong). Is there much of  difference between dividing the estate equally 3 ways and having 3 x specific amounts? 

Keep_pedalling

Spendless said:

Isn't a letter of wishes exactly that 'I wish this to happen....' but it's not legally binding and the executors don't have to follow this and just do what is in the will? (I could be totally wrong). Is there much of  difference between dividing the estate equally 3 ways and having 3 x specific amounts? 

Correct the executor has no obligation to follow a letter of wishes and in this case does not have the option to follow those wishes without the agreement of the beneficiaries are would lose part of their inheritance if the wishes were followed.

The same applies to non enforceable clauses in wills, such as specific funeral arrangements. 

Spendless

Thanks, I think I'd take the view already suggested that the estate is divided equally 3 ways and let the beneficiaries give to charity if they so wish to do so out of their share. If the one claiming hardship wishes they can always give £10k less with their share - again if they wish to do so.