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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71133
Experience:  Over 5 years in practice
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when some one dies and leaves a will what are the rights of

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when some one dies and leaves a will what are the rights of a beneficiary to question the spending of the individual prior to their demise

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

My aunt who lived with me has recently died and she has named my husband as executor in her will. She did not lack capacity and had a small amount in savings. Some of which she gave to people as she wanted to. She had full capacity to do so. Now one of the beneficiaries has reported he feels there should have been more money and wants to see her statements and financial information for the two years prior to her death when she was living with me. I feel rather slighted and offended by this. What should I do I have nothing to hide but am angry at the slur. Should he be shown this information does he have a right to this information or should he be told our aunt had the right to do what she wanted and he should just be pleased he has an inheritance she had at one time wanted to deny him.

Thank you.

Beneficiaries have no absolute right to see any of these details. In fact, they do not actually have the right to see the will although they can get a copy from the Probate Registry, once the will is admitted to probate, by paying £6.

Although they have no right to see this, there was nothing to be gained by not being transparent with them and letting them see whatever they want. By being secretive, all it will do is raise suspicion.

If they think that you have done something that you should not have done, they can actually make an application to court for a court order known as "pre-action disclosure" to compel you to let them see the various details.

My suggestion would be to write back telling them that they have no right to see this however in the interest of being transparent and because you have nothing whatsoever to hide you are letting them have a copy.

Whilst I can fully understand and appreciate your annoyance at the slur, I don't think there is anything to be achieved by emphasising, quite rightly I might add, that your aunt was free to do with her money what she wanted and that he should be grateful for anything particularly as she had previously denied him.

Can I clarify anything for you?
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Customer: replied 3 years ago.

thank you for your response it is as expected but gives me the weight for response I needed. It has been extremely helpful


kind regards


Pam Hull

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.