Is this Legally Sound

Nearlyold

Child appoints themselves their parents carer. Parents have valid wills with each other as beneficiaries then their 3 children equally as beneficiaries on the 2nd death


Said child has parents add an "expression of wishes" to their wills which is worded such that this child and partner will be paid from the Estate on first death monies to the tune of £82,000 and £65,000 respectively for "Caring Duties". which they then use most of to buy half of the parents house at a rock bottom price

Emmia

I think the expression of wishes would be challenged by the other beneficiaries due to risks of coercion. Who is the executor? But EOW isn't part of the will.

A will being changed to the same effect is also likely to arouse suspicions and a challenge.

El_Torro

If there was ever a leading question...

In order for someone to change their own will they need to be of sound mind. If it can be proven that they weren't of sound mind then the expression of wishes you mention could be removed. 

As for buying the house at a rock bottom price, an executor can sell a house in the estate at a discount but there are rules for doing this. Failing to follow them could get the executor in trouble. 

Nearlyold

Said Child was the Executor. My question wasn't so much is this all a bit dodgy (it obviously is) but rather whether "an expression of wishes" can be used in this way, my understanding was that an Expression of Wishes was more of a way of explaining why a particular instruction might be in a will.

Keep_pedalling

A codicil would be needed not an EoW which has no legal standing. 

RAS

The expression of interest has little if any legal status and executors have to be mindful of self-dealing. As in get a RICS valuation at least and probably pay slightly more to the estate if they want to,buy.

It's normal for family members who have cared to share the estate equally with siblings if that's provided for in the will. They will have received carer's allowance and accommodation, although that's not necessarily full recompense for what they done.

Some beneficiaries who are wealthy enough (not on means-tested benefits) might do a deed of variation in favour of the carer but that are not obliged to do so, can't if they are on means-tested benefits. The family might give the carer time to find alternative accommodation. And we've seen situation where the carer has simply refused to move out which makes the family difficult, even more so if there are multiple beneficiaries.

MyRealNameToo

Nearlyold said:

Child appoints themselves their parents carer. Parents have valid wills with each other as beneficiaries then their 3 children equally as beneficiaries on the 2nd death


Said child has parents add an "expression of wishes" to their wills which is worded such that this child and partner will be paid from the Estate on first death monies to the tune of £82,000 and £65,000 respectively for "Caring Duties". which they then use most of to buy half of the parents house at a rock bottom price

You are missing the obvious part of what the mental state of the parents were at the time of making the changes to the will. Someone can need a carer due to physical issues but still be as sharp as a tack or a carer may be needed because of mental decline. 

born_again

Sad when a child appoints themselves carer, & then expects being paid for the duties.

Marcon

Nearlyold said:

Child appoints themselves their parents carer. Parents have valid wills with each other as beneficiaries then their 3 children equally as beneficiaries on the 2nd death


Said child has parents add an "expression of wishes" to their wills which is worded such that this child and partner will be paid from the Estate on first death monies to the tune of £82,000 and £65,000 respectively for "Caring Duties". which they then use most of to buy half of the parents house at a rock bottom price

Legally sound? No.

bobster2

Is this the same person who you say abused a POA???

https://forums.moneysavingexpert.com/discussion/6545391/office-of-the-public-guardian/p1