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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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A family friend recently passed away leaving some money to

Resolved Question:

a family friend recently passed away leaving some money to my eldest daughter but with verbal instructions given to both myself and my wife to share this inheritance with her younger sister who wasn't born at the time of the will being written. I am executor to the will and am now separated from my family except my youngest daughter whom I live with. my eldest daughter has refused to share the inheritance with her sister, where do I stand?
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this or you.
Can you just tell me how much money it is. In what situation did she instruct you to share the money between your children, did she suggest shares? Are your children both adults?
Customer: replied 1 year ago.

the total left between the sisters is about £42:000 the request for the money to be shared between them was made by the family friend on numerous occasions as she did not wish to have to alter the will herself the eldest is 21 and the youngest 16

Customer: replied 1 year ago.

have you gone ???

Expert:  LondonlawyerJ replied 1 year ago.
Thankyou for that extra information. Is it OK if I give you the answer tomorrow as I have to do some running around with my children now?
I assume there is no doubt about your friend's mental capacity when she said to split the money.
Customer: replied 1 year ago.

no she was fine she said it from the birth of my second daughter as the will had been done the year before her birth so it has been said for the last 16 years

Customer: replied 1 year ago.

ok tomorrow will be fine thank you !!

Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
I am afraid that there is no action you can take at all.
As Executor you are under a duty to follow the instructions as set out in the Will - no matter what verbal changes you were told about.
This would not have been the case if the money had been left to you - but since it was left to your daughter then there is no way around it. I am sorry
Clare
Expert:  Thomas Judge replied 1 year ago.
Were the verbal changes put in writing at all?
Expert:  LondonlawyerJ replied 1 year ago.
I am afraid that Clare is right. The only situation where you could seek to alter the effect of a will is if your younger daughter was financially dependent on the lady who made the will and is not provided for. I doubt that applies so I am afraid you must enact the terms of the will.
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience: Solicitor with over 15 years experience.
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