Toerag

Background:-
My GF's gran is old and owns a cornershop and some land. She has 3 children, and has said that she wants the shop split between the 3 of them when she pops her clogs. (logically the shop and land would be sold and the profits split). However, oldest son and executor of the will is a nasty piece of work and has shafted various family members in the past (like sold them insurance that isn't worth the paper it's written on!). Is there any way he could affect the will and the dishing out of inheritances?

Hopefully you guys can help, and if any of you have been in this situation, then I offer my condolences in advance.
cheers,
Mark
PS. this is in England in case you're wondering.

andrewjlane

An executor/executrix has to act in accordance with the terms of the will - if he/she doesn't then he/she will be personally liable. The will is a public document thus is available on public record after probate has been granted. If the executor is a professional person (solicitor or accountant) then they may be entitled to charge fees for acting as executor.

STi go fast

as above- has to act as per the wills (or be prepared to justify the actions he takes to the others involved, if they disagree then its heading to court)

however, if hes an adviser (sold insurance?) then the best way for him to stich ppl is to get her to rewrite her will- if hes the executor and trusted by granny as a professional and family member then this is prob very easy for him to do.



[Edited by STi go fast - 27/05/2002 11:29:29]

Black Cat

going through the Will thing at the moment, and it's a nightmare.

If the lady has not specified her wishes in the Will then there is nothing anyone can do. If it is specified in the Will then the executors have to comply with what is in black & white. There needs also to be two executors.

The only way anything might change despite this is if this lady give that particular person - power of attorney over her affairs, then you have a problem.

basically if it's written down then he/she has to comply with all requests.

carl

Are you sure about the two executors? I think there may have to be a 'primary' and a 'backup' in case the other one isn't available, but the will is actually executed by only one of them.

CrisPDuk

There doesn't have to be two executors but you can, as I did, stipulate it at the time of writing.

CrisPDuk

P.S. watch out for expenses, executors are allowed to reclaim any expenses incurred whilst fulfilling the will.