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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10550
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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A lady has died leaving a will. Her husband is the executor.

Resolved Question:

A lady has died leaving a will. Her husband is the executor. Both partners have children from previous marriages. What should happen now? E.g should everyone see the will or only the executor.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

The residuary beneficiaries (ie those person(s) who are to inherit the whatever is left in the Estate after any specific legacies have been dealt with) are entitled to see the Will.
Anyone who may have been left a specific legacy is entitled to see the extract from the Will which confirms their legacy.

It is a myth that there is a "reading of the Will" with all family being present. In practice, the Executor would notify any parties of their specific legacy, and send a copy of the Will to all residuary beneficiaries.


I hope this helps but please let me know if you require any further clarification.

Kind Regards
AL
Customer: replied 3 years ago.
Thank you Al. Will solicitor send information to the people named in the will? This is not about property as this naturally now wholly belongs to husband. This is more about all children knowing that everything is shared equally. Also about some jewellery which has been named to one person. As executor husband thinks he his sole benefactor so can distribute as he wants. Not in a bad way. I only want to know the facts for my own understanding.
Expert:  Aston Lawyer replied 3 years ago.

Hi again,

Thanks for your reply.

The Executor would normally instruct a Solicitor to deal with the Estate, and as such, the Solicitor would normally write to the beneficiaries.

Not sure if I understood the situation but if Husband is to inherit everything, except some of the jewellery, then he or his Solicitor would not normally write to the children, on the basis that they are not to inherit anything. He would, however, write to the beneficiary of the jewellery.

Does this help?

Kind Regards
AL
Customer: replied 3 years ago.
The husband has not contacted the lawyer. The will is in the house along with four envelopes with the name of the children written on each. On each envelope is a business card for the solicitor. It is difficult to know what to do as husband feels he doesn't need to distribute envelopes.
Expert:  Aston Lawyer replied 3 years ago.

Hi,

Could you confirm if Husband does indeed stand to inherit everything?

Thanks
AL
Customer: replied 3 years ago.
Not sure. There are six people named in the will. I have only briefly seen the will. I am presuming that both husband and wife have named their 3 children plus one daughter in law plus stepson to have there estate divided four ways daughter in law and stepson to share one quarter when both partners pass away. Husband also has a will, which I have not seen, and I presume this to be the same. Grand daughter named for jewellery. I just feel that wife's wishes should be seen and followed or why would she have had a will written. Also I do not want to create any bad feeling so maybe best to just leave alone. I only need the facts from you to understand better.
Expert:  Aston Lawyer replied 3 years ago.

Hi,

Thanks. Well, Husband should, in due course, be contacting the beneficiaries and distributing the letters you mention. Perhaps, it is just a case of waiting until he feels he can and wishes to deal with matters.

There is no strict timeline in which an Executor has to notify beneficiaries. It may seem a long period, but there is an unwritten law that says Executors have 12 months to deal with an Estate and the Courts won't intervene before this time period has expired.

I would hope that it will work itself out in the not too distant future.

Hope this assists.

Kind Regards
AL
Customer: replied 3 years ago.
Ok thanks. I know that,s not going to happen however you have helped answer my questions. By the way on a lighter note 'did you choose your profession because of your surname.' Cheers XXXXX XXXXX again
Expert:  Aston Lawyer replied 3 years ago.

Many thanks.

I wish I had been a footballer, like my Grandfather!

All the Best
AL
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