Is this allowed?

woodyt wrote: »

My friend's estranged husband died 6 weeks ago and he's left everything to his eldest child.
Another sibling is considering contesting the will but was shocked to see that the eldest child was selling all of the Dad's worldly goods on Facebook.
Are they allowed to do this so soon and could they get in trouble?

Unless the sibling was wholly or partly financially dependent on their father at the time of his death, there's little chance of success.

If the sole beneficiary is also the sole executor, they can pretty much do what they like when they like, with the caveat that technically they should be waiting for probate; and if there is a successful challenge to the will, they will be personally responsible for paying out anyone whom the courts deem to have an entitlement.

Was your friend in anyway financially dependant on her estranged husband or was a divorce in the offing? Although the younger sibling has little chance of a successful challenge she may have a stronger case.

As they never divorced, did he have any pension benefits that your friend could claim? I'm thinking a spouse's pension, rather than a one off lump sum which could be paid in accordance with the Will.