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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33312
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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A beneficiary of a will, which requires each beneficiary to

Customer Question

A beneficiary of a will, which requires each beneficiary to sign before payout, is claiming that the relative who made the will had influenced her, now dead, partner to make a will which did not favour this beneficiary. He is refusing to sign for release of the monies. Effectively he is holding the other beneficiaries to ransom. He is also claiming that the first will, made by his deceased Father, is invalid because his Father lacked capacity. There is no evidence of this whatsoever. How can he be stopped from delaying proceedings?
Submitted: 3 months ago.
Category: Law
Expert:  Clare replied 3 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the wording that makes you think that the signature is essential?

Customer: replied 3 months ago.
I do not have access to the Will but the Executor is adamant that the signatures are mandatory.
Expert:  Clare replied 3 months ago.

If Probate has been obtained then it is a public document - if the executor will not provide a copy you can get one here

Customer: replied 3 months ago.
I am trying to contact her. Is it unusual to have beneficiaries sign in order to receive their bequest? Particularly all six in this case before release of funds.
Expert:  Clare replied 3 months ago.

It is usual to get all the residual beneficiaries to sign off on the accounts to prevent further problems - but it would be highly unusual for any such requirement to be contained in the Will.

Assuming that it is not in the Will then the way around it is for the Beneficiary to be given three weeks to raise any specific challenges to the accounts, and that in the absence of a response it will be assumed that there are no challenges and the monies distributed accordingly

Please ask if you need further details

Customer: replied 3 months ago.
The complainant is insisting ther is a Deed of Variation drawn up because he insists, without evidence, that his Father lacked capacity when making the original will. Given that the will being held up now was made by the partner of his Father who died after the Father, how does this complaint have any legal teeth?
Expert:  Clare replied 3 months ago.

It has nothing to do with this Will whatsoever

Customer: replied 3 months ago.
applying for a deed of variation on this will is not legally possible? The relative who made it was provably of sound mind when she apportioned her late partner's estate as she wished.
Expert:  Clare replied 3 months ago.

If every beneficiary and Executor agrees then yes a Deed of Variation is possible - what is not possible is a legal challenge by the beneficiary causing the problems

Customer: replied 3 months ago.
he cannot halt the payout to the current beneficiaries at all? So the accounts can be signed off without him?
Expert:  Clare replied 3 months ago.

Not unless there is some very odd wording in the Will

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