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As the deceased beneficiary was alive at the date of death of the deceased, then his Estate is entitled to receive the one third share which would otherwise have passed to the deceased beneficiary.
As Executor, you therefore need to find out who the Executor of the deceased beneficiary is, so payment can be made to him/her. If the deceased beneficiary did not leave a Will, you will need to pay the inheritance to the administrator of his Estate (which will be his next of kin).
I hope this assists and answers your question.
I do not feel this is what the deceased would have wanted to happen though. Am I able to go against the will and act in the interest of the deceased and redistribute the estate how they would have liked?
if this is not the case what do I need to do to go against this and try and alter the will that has been left inorder to keep the assets.
the main asset is a house that has been devided three ways however one of the two main beneficiaries lives there and the next of kin of the deceased beneficiary is not whom the deceased would have wanted to have benefitted from the estate. She stated in her will that she wanted the property to remain a family home for myself (I am also a beneficiary) and my sister.
Thanks fo ryour reply.
I am afraid that unless the next of kin of the deceased beneficiary is prepared to give up their due share, you have no alternative but to distribute th emonies to him/her.
If you do not, then you are personally liable, as Executor, to account to this person, who could sue you for the amount of money he/she should have received.
I am sorry this is not the answer you were looking for, but it sets out the legal position.
I appreciate your honesty however surely if due to the circumstances (my sister lives in the house and is a student) it would be suitable to put the assets into trust to protect the interest of the family and control the assets.
I would be happy to put all of the assets I am not due to benefit from into trust for my sister to live off as she needs them in order to live.
there are also people whom have been left out of the will would I be able to give a share of the assets to them?
I appreciate your family position, but your position as Executor has to come first, and hence you must comply with th eterms of the Will. Otherwise, you run the risk of being sued, full stop.
Therefore, unless all the beneficiaries of the WIll, including the next of kin of the deceased beneficiary, agree to vary the terms of the Will, there is nothing legally that you can do to alter the terms.
what if they will not agree to mediation or in dealing with me?
I also know they do not have enough funds to sue me and there are clauses in the will saying that if he died before her (he died 2 months after her) that the interest would be passed to myself and my sister?
I appreciatiate what you are saying but is there any way around this?
I'm afraid the next of kin is under no duty to mediate or come to an altrnative solution. At th eend of the day, they are entitled to the sum which you would have paid to the deceased beneficiary.
I'm sorry but there is no way round it whatsoever, as the fact remains that the beneficiary did survive the deceased, and if he was alive today, you would be making the distribution to him.
So what if I never action the will?
Well, as I have said, you are personally liable as Executor to make the due distributions to the beneficiaries. If you do not, they can sue you and you personally would have to pay what was owed out of your own pocket.
Whether this beneficiary would take any action, I just don't know, but I'm sure you don't want that personal liability hanging over you.
is it possible to sell the house without a deed of variation?
I hope I have now answered your original question.
However, I am happy to answer this further query. Yes, you are free to sell the property without any Deed of Variation, in order to realise the liquid assets that need to be paid to the beneficiaries