Inheritance question

Kawaka111

Evening all,
Before I goto a solicitor i'd like to rack your brains.

My Stepdad sadly died on Monday, then on tuesday I received a call from my stepsister informing me that I need to act as executor. The will stated that my mum should be the primary executor with me as back up. 
Unfortunately my mums in a care home with Dementia. So because I have lasting power of attorney for her the role reverts to me as she lacks the capacity to make any informed decisions.

My stepsister is asking me to take action on dads money (approx £30k) and divide it between us. 

Now, the Will stipulates that when he died everything passes to my mum. Pretty straight forward up until now

So am I able to share the money to allow my three step siblings to receive an inheritance if i believed mum would agree or would that be a conflict of interests as I know her savings will shortly run out and i'll need to approach the local authority to pay for her continuing care. My thinking is that i'm not safeguarding her best interests and im leaving myself open to a Depravation of assets scenario. In which case i'll step back and appoint a solicitor to deal

I'm trying to do right by everyone but feel im being over cautious 

 Has anybody else been in this predicament? 

Thanks for reading

Kwak

poppystar

If the money was left to your mother and you have LPA for her then you can’t give the money away. 

Flugelhorn

you have to act as per the will, the only way to change it would be if mum had capacity to sign a deed of variation, but she doesn't have capacity so that can't be done. the money is hers

Emmia

As the executor you must follow the will, so if it states that your stepdad's money/property etc is now your mother's then that's who needs to receive it.... Not you, and not your step sister (however much she might want the cash).

Your mum presumably doesn't have capacity anymore and so has no power to decide to vary the will to favour you and your stepsister rather than herself. Also, even if she did have capacity it would be a deprivation of assets, as you state.

When the time comes, do you know what is stipulated in your mum's will?

pollypenny

It sounds as if the money will have to go towards her care. 

Kawaka111

Emmia said:

As the executor you must follow the will, so if it states that your stepdad's money/property etc is now your mother's then that's who needs to receive it.... Not you, and not your step sister (however much she might want the cash).

Your mum presumably doesn't have capacity anymore and so has no power to decide to vary the will to favour you and your stepsister rather than herself. Also, even if she did have capacity it would be a deprivation of assets, as you state.

When the time comes, do you know what is stipulated in your mum's will?

Thanks for the reply Emmia,

I believe that everything is left to me (as her only child) when she dies.

Kawaka111

poppystar said:

If the money was left to your mother and you have LPA for her then you can’t give the money away. 

Many thanks

Flugelhorn

Kawaka111 said:

Flugelhorn said:

you have to act as per the will, the only way to change it would be if mum had capacity to sign a deed of variation, but she doesn't have capacity so that can't be done. the money is hers

Thank you, its amazing how a bit of money brings out the worst in people

Where there's a will, there are relatives 

Ksw3

You'll need to settle any debts etc before distributing the estate, seems very early on in the process to be calling someone for a payment. 

Hoenir

The role of acting as an executor is a legal duty. You must wind up the deceased's financial affairs and act in accordance with the their will. Failure to do so will leave you exposed to a personal financial liability. Best to behave in a totally professional manner throughout.  

bobster2

Kawaka111 said

So am I able to share the money to allow my three step siblings to receive an inheritance if i believed mum would agree or would that be a conflict of interests as I know her savings will shortly run out and i'll need to approach the local authority to pay for her continuing care. My thinking is that i'm not safeguarding her best interests and im leaving myself open to a Depravation of assets scenario. In which case i'll step back and appoint a solicitor to deal

If your mum had capacity and could consent to a deed of variation - this would still be a deprivation of assets situation. Local authority would want to know where this money went.

As she lacks capacity - she cannot consent to this - and you cannot either acting on her behalf with an LPA. So there's nothing to discuss. You have to distribute as per the will.