Advice re contentious will please

Flowerpotperson

I am joint Executer in my recently deceased uncles will. There are a number of beneficiaries split across two families. The estate has not been divided equally, with the lion share going to the residuary beneficiary. She stands to inherit a substantial life changing amount of money, and is unwilling to do the honourable thing and share it amongst the other beneficiaries.

All of the other beneficiaries are very unhappy with this and may challenge the will.

As Executer and Trustee is there anything that I can do to split the estate in a more equitable way. Within the will I have been given the power to re direct assets to other benefices (i.e. his property), but I’m not sure if the residuary beneficiary would need to agree to this, and what the procedure would be to do this.

Any advice would be greatly appreciated.

RAS

If you think you have powers to redirect assets, you really need dedicated legal advice.

The general rules is that you have to execute the will as directed by the donor. Regardless of what you think to be the honourable thing. No-one here can advise you to do anything else.

sheenas

It seam slightly odd that the residuary beneficiary was not made the executor off the will. As above really and be aware any diversion of funds could make you legally liable, so tread carefully.

Keep_pedalling

Your uncle for what ever reason left the bulk of his estate to one of his relatives, so unless you know of undue influence being applied or fraud then that is how the estate should be distributed. Nothing can be taken away from her unless she agrees to make a deed of variation, not doing so is not acting dishonourably and it is wrong  trying to pressure her to do so.

Although anyone can challenge a will, unless any of the challengers were financially dependant on him it is likely to be an expensive fruitless exercise. 

My advise therefor is to discourage any challenge. If you are one of the beneficiaries considering one you must renounce being an executor as an executor cannot challenge a will.

Emmia

It is possible that although it is seen as "unfair" this is exactly what the deceased intended.  Do you have any reason to believe this has come as a result of pressure / undue influence?

There's no rule that says that wills must divide all estates equally amongst beneficiaries.

 I can see that someone who has been left the money, may be unwilling to share it. Perhaps other family members weren't on good terms with the deceased? We don't share pay rises,  or property sale profits around a whole extended family... Why should inheritance be different?

Emmia

sheenas said:

It seam slightly odd that the residuary beneficiary was not made the executor off the will. As above really and be aware any diversion of funds could make you legally liable, so tread carefully.

The residuary beneficiary might have been a minor when the will was made, or unable to act as an executor for another reason - mental capacity?

Flowerpotperson

Thanks for all the replies. I really do believe that my uncle never intended to create a will that caused this much division and bad feeling among the two families, and I have to question the advice he got from the solicitor when drafting the will (which is now 17 years old) which is far from tax efficient and very divisive.

Keep_pedalling

Flowerpotperson said:

Thanks for all the replies. I really do believe that my uncle never intended to create a will that caused this much division and bad feeling among the two families, and I have to question the advice he got from the solicitor when drafting the will (which is now 17 years old) which is far from tax efficient and very divisive.

Unfortunately people often fail to review wills decades after they were made. The age of the will rule out any possibility of undue influence being an issue as that is usually associated with deathbed wills. 

In what way is it tax inefficient? IHT normally falls on the residual beneficiaries so there may be some room for negotiation there. 

swingaloo

Flowerpotperson said:

Thanks for all the replies. I really do believe that my uncle never intended to create a will that caused this much division and bad feeling among the two families, and I have to question the advice he got from the solicitor when drafting the will (which is now 17 years old) which is far from tax efficient and very divisive.

What you believe is irrelevant. Your duty as Executor is to distribute the will as it written even if you think it is unfair. My will leaves half of my estate to a non-family member. It is deliberate and may rattle a few cages but I know the reasons (no-one else needs to know) and if I thought my executor would try to change things I would be  devastated.

elsien

The honourable thing? 

Interesting choice of words. Any variation on the will needs to be agreed by all the beneficiaries.

What grounds do the beneficiaries feel they have to challenge the will, other than feeling hard done by? 

Hoenir

Flowerpotperson said:

Thanks for all the replies. I really do believe that my uncle never intended to create a will that caused this much division and bad feeling among the two families, and I have to question the advice he got from the solicitor when drafting the will (which is now 17 years old) which is far from tax efficient and very divisive.

As an executor your legal duty is to execute the Will as drafted. Your views and opinions are of no consequence. The solicitor drafted the will in accordance with their client's instructions.