Can a will be ignored if no beneficiaries ever challenge it?

ripplyuk

A recent bereavement in the family has made me query this issue but it’s more of a general question. 

If the executor ignores the will and no beneficiaries ever challenge it, what happens? From what I’ve read, it seems that the law allows the executor and/or next of kin to distribute property, money and other assets as they see fit and problems only occur if a named beneficiary someday challenges them. Since often people don’t know they are beneficiaries, they won’t be looking up the will and therefore, will never find out. 

Brie

Interesting!  Sounds a bit like fraud to me.  Isn't it the job of an executor to search out the beneficiaries and, if needed, set aside their inheritance so they can receive it when found?

FlorayG

It's still fraud if nobody knows they have lost out by it. The executor may get found out at a later date. If they don't get found out, well, lots of people get away with fraud, sadly

strawb_shortcake

When my Dad was an executor for a grandparents will, he had to provide signed receipts from each beneficiary to say there amount had been paid, and this in turn was provided to a solicitor where the will had been stored.

ripplyuk

Brie said:

Interesting!  Sounds a bit like fraud to me.  Isn't it the job of an executor to search out the beneficiaries and, if needed, set aside their inheritance so they can receive it when found?

Yes, it would be fraud but my point is that no one is policing it. Unless a beneficiary finds out and has the mental/financial capacity to challenge the executor, it seems that no one would ever be held accountable. 

As an example, my will leaves a significant percentage to a charity. This charity are not aware they are listed as beneficiary. Even if they were, they will not be made aware of my death when it happens so they won’t be searching for the will. Even if they did, it’s unlikely that such a small charity would have the resources to challenge the executor through the courts. 

I expect this fraud happens routinely. 

poseidon1

ripplyuk said:

Brie said:

Interesting!  Sounds a bit like fraud to me.  Isn't it the job of an executor to search out the beneficiaries and, if needed, set aside their inheritance so they can receive it when found?

Yes, it would be fraud but my point is that no one is policing it. Unless a beneficiary finds out and has the mental/financial capacity to challenge the executor, it seems that no one would ever be held accountable. 

As an example, my will leaves a significant percentage to a charity. This charity are not aware they are listed as beneficiary. Even if they were, they will not be made aware of my death when it happens so they won’t be searching for the will. Even if they did, it’s unlikely that such a small charity would have the resources to challenge the executor through the courts. 

I expect this fraud happens routinely. 

In your case, perhaps the safeguard maybe to have a professional solicitor as a co executor to hopefully ensure your wishes are carried out to the letter.  You would have to be very unlucky to have both a professional and lay executor with fraudulent inclinations acting in concert.

Brie

In the end it's like any crime.  If you don't get caught you get away with it.  Think of all the unsolved thefts and murders!  

p00hsticks

ripplyuk said:

Brie said:

Interesting!  Sounds a bit like fraud to me.  Isn't it the job of an executor to search out the beneficiaries and, if needed, set aside their inheritance so they can receive it when found?

As an example, my will leaves a significant percentage to a charity. This charity are not aware they are listed as beneficiary. Even if they were, they will not be made aware of my death when it happens so they won’t be searching for the will. 

If your estate is such that probate is required (property, shares or amounts of savings exceeding limits imposed by the particular institution) then its possible / likely that the charity will find out when probate is granted. Charities can I think sign up to a service that will notify them if they are mentioned in wills made public at probate.

 I've certainly been contacted by a charity named in a will for which I was executor after probate was granted to let me know that they were aware they had been left a bequest and asking for a timescale as to when I could let them have it.

BikingBud

ripplyuk said:

Brie said:

Interesting!  Sounds a bit like fraud to me.  Isn't it the job of an executor to search out the beneficiaries and, if needed, set aside their inheritance so they can receive it when found?

Yes, it would be fraud but my point is that no one is policing it. Unless a beneficiary finds out and has the mental/financial capacity to challenge the executor, it seems that no one would ever be held accountable. 

As an example, my will leaves a significant percentage to a charity. This charity are not aware they are listed as beneficiary. Even if they were, they will not be made aware of my death when it happens so they won’t be searching for the will. Even if they did, it’s unlikely that such a small charity would have the resources to challenge the executor through the courts. 

I expect this fraud happens routinely. 

It seems to go on and it seems to be considered a civil matter according to seem posts we see on here.

Willeri

Like others have said, if an executor doesn’t implement the Will as it states, but instead what they think it should say it’s fraud, can go to prison but unlike Monopoly won’t collect £200, doesn’t sound like a very good choice of executor to me. 

Willeri

Charities get notified of bequests as part of the Probate process too