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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife is one of the beneficiaries of her late fathers will,

Customer Question

My wife is one of the beneficiaries of her late father's will, but is concerned that certain assets that he owned, including a valuable ring and war medals are not being brought to the attention of the solicitors that are acting as trustees. Another family member who had power of attorney in her father's later years is dealing with the solicitors. As a beneficiary, will my wife at some point in the 'normal' process be able to query the details of the make up of the estate?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

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

On the basis that your Wife is a residuary beneficiary (ie she is entitled to a percentage share of the Estate) then she can query these assets at any time with the Executor(s).
Once the Estate has been administered and it is time for the Executor(s) to distribute the monies, the beneficiaries will be forwarded a copy of the Estate Accounts, detailing the value of each asset. Your Wife can at that time query any missing assets, but as this is going to be at the end of the administration period, she should really disclose these points to the Executors sooner rather than later.

I hope this helps you and answers your question.

Kind Regards
AL
Customer: replied 2 years ago.
Thank you. The will allows the executors to distribute the chattels amongst the named children 'as they see fit'. Does this complicate things?

Also I can imagine that there may be some disagrrement about whether certain items were 'gifted' when her father moved into a nursing home some years ago and family members basically grabbed what they could from his home, or whether they still form part of the estate. What does the law say about this?

Thanks.
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
For clarity - the Solicitors are the Executors?
Clare
Customer: replied 2 years ago.
Yes that's correct.
Expert:  Clare replied 2 years ago.
Hi
Then it is reasonable for your wife to write to the solicitors to alert them to the existence of the medals and the ring
If her father made no objection to the various items going to family members then they will now be regarded as having already been gifted to whomsoever has them
Please ask if you need further details
Clare
Customer: replied 2 years ago.
My wife prepared a list of all items removed from the house at the time, some 10 years ago, and it was clearly understood that they were held "in custodianship" at that time. This list is now held by one of the other siblings who also understood that to be the case. (Her father was in no real state to agree or disagree anything at that time as he had just had a brain operation.)
Expert:  Clare replied 2 years ago.
Hi
Please be warned - the Executors have the power to simply say that those chattels should stay with the person who currently holds then - and frankly that is what is likely to happen
Clare
Customer: replied 2 years ago.
Thank you. The ring and medals have considerable value compared to any of the other assets. Will the solicitors take this into account and facilitate a valuation if necessary?

(I understand your point above, but since the will is clear about distributing evenly between the surviving children, it would seem distinctly inequitable to allow an alternative scenario.)
Expert:  Clare replied 2 years ago.
Hi
It is likely that if your wife raises this as a concern the Solicitors will wish to do so - if only to protect their Insurance position!
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Clare.


 

Expert:  Clare replied 2 years ago.
Hi
You are most welcome - I hope all goes well
Clare

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