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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7071
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My wife is the executor of her sisters will The sole

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My wife is the executor of her sisters will
The sole beneficiary is her 13 year old son
His father who has custody is trying to interfere with my wifes role as exexutor i.e. in selling her house, realising her monetary assets.
Can the benificairy through his father if you like challenge how my wife chooses to settle the estate.
The will simply states it is my wifes decision as to how she settles the estate, as her nephew of course she will do the best she can - but she be subject to persistant questioning from the father as to how she goes about it and indeed the threat of legal action if she doesn't comply with his wishes
Many thanks

No , your wife's role is to act in the best interests of the beneficiary , her nephew and wind up the estate in accordance with that principle.

Provided she does so. no harm can befall her. The father has no power in this situation and whilst he may be genuine there is a danger he is trying to get control of the nephew's entitlement. As such your wife actually has a duty to tell him to stop trying to interfere and safeguard the nephew's inheritance.

Best regards


Customer: replied 1 year ago.
Thank you for your advice much appreciated.

You are welcome.


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