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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70405
Experience:  Over 5 years in practice
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My mother recently passed away and had written a will 10

Resolved Question:

Hi My mother recently passed away and had written a will 10 years prior. At that time i was married and my ex-wife had two children. My ex-wife is named in the will (in her married name to me) to receive £10,000 and her two children £4000 each. She has re-married and we have been apart over 4 years. My Mum wanted to change the will, but died suddenly.
She has two blood grand children.. my son and daughter who have been left £4000 each. Do I have to pay this money to the ex-wife and her children?. I feel that her own grand children receive very little in comparison to people no longer in hers or my life. Do i have to pay them the full amount or can i reduce the amount and give my children a better sum.
I am the sole executor.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
In what way did she want to change it please?
Customer: replied 2 years ago.

Well i lived with her for 2 years after we were divorced.. and she wanted me to be secure in the house should anything happen to her, At the time she wrote the will she had over 400k in her acc plus her house.. she made bad investments and was very benevolent to her friends for various reasons.. and ended up 15k in debt by the time of her death. She made provision for various ppl in her will totalling 86k. I accept i need to sell the house to provide for the will however , i feel it provides for those no longer in our life. I'm not worried about my entitlement.. it just is not what she wanted now. She told me she wanted to leave everything to me and distribute it as i saw fit. I'm happy to honour the will and i know i must. But wondered if i had to adhere to every single part. She even left £4000 to two children of a criminal my mum and dad got wrapped up with :(... she left £4000 to each of her nieces but nothing to her nephews.. which will cause family tensions... sigh.. i get £100,000 ...thats cool.. just executing the will to the T .. wrangles a bit

Expert:  Jo C. replied 2 years ago.
If you had left this money to someone in your will and then got married or divorced the provisions of the will are usually avoided by a marriage or a divorce.

However, if you have been left money in the will (as opposed to leaving it in the will) then your divorce makes no difference I’m afraid. As an executor you are bound by the wishes of the person who wrote the will and whilst I appreciate that your mother would have changed that, if this came down to an argument, and it ended up in court (which would seem unlikely) the court doesn’t know that your mother changed her mind and you would be made to distribute funds in accordance with the will.

I’m sorry this is bad news for you.

Can I clarify anything for you?

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