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Is this allowed?
woodyt
Posts: 122 Forumite
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?
I'm afraid I have no experience with such things so said I'd post on here and some good MSE person will be able to help.
Thankyou
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?
I'm afraid I have no experience with such things so said I'd post on here and some good MSE person will be able to help.
Thankyou
0
Comments
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Who is the executor?
they get their powers from the will.0 -
The eldest child is as far as I'm aware.0
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If they live in England and there are no people financially dependent on them then they can leave the money to whoever they like0
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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.Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!0 -
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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.0
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The husband walked out over 30 years ago and left her a single mother of 3.
He never paid anything towards their upbringing.
I think my friend would like to challenge the will as they never divorced however she doesn't want to rock the boat with her eldest child.0 -
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.0
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The husband walked out over 30 years ago and left her a single mother of 3.
He never paid anything towards their upbringing.
I think my friend would like to challenge the will as they never divorced however she doesn't want to rock the boat with her eldest child.
Unless she has money to waste, don't do it.
After 30 years apart, she won't have any claim on his estate.0
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