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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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I am the executor of my mother's will. My sister who is a beneficiary

Resolved Question:

I am the executor of my mother`s will. My sister who is a beneficiary has sent me written instructions to pay her legacy to a third party (to whom she owes money). Am I allowed to do this?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a scolicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Can yo tell me a little more please who does she want it paid to?

Customer:

It would be paid to me

LondonlawyerJ :

OK I think you need to be careful here. You should be asking what might this look like viewed from the future by a sceptical person. I will give you a full answer later when I have had a chance to think it over but my initial reaction is that you should pay her the money and then she can re-imburse you.

Customer:

OK. Look forward to hearing from you later. My main issue it not what it looks but whether it is illegal or inconsistent with my duty as executor.

LondonlawyerJ :

If there is something clear and unambiguous in writing from your sister saying that she wants you to pay a specific sum of money to you then you can do so. I do think it is better to paying it to her and she then pays it to you to avoid any risk of an allegation of breach of trust/duress in future either from your sister, her partner or children.

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