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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 708
Experience:  Expert
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When my husband's mother died in January 2018, we were

Customer Question

Hi, when my husband's mother died in January 2018, we were living in Senegal where I was working (we are British). His brother, the Executor of the will asked my husband to fly back to the UK to assist him, which he did. My brother-in-law then asked if I could come over for a week to help sort out the decease's personal affects. I agreed on the basis that I could be of use and that my flight would be covered which was agreed by my brother-in-law, the Executor. The estate is now due to be dispersed between my husband and three siblings but my brother-in-law says he won't pay my flight. Can I successfully challenge this?
JA: Estate laws vary by state. What state are you in?
Customer: The UK, England.
JA: What documents or supporting evidence do you have?
Customer: I have an email response sent by me to my husband when he had flown to the UK to help his brother in which I state that I will only fly over if I can be of use and my flight is paid for. I have a second email from my husband in which he states that his brother wants we to come over and that they have found a way to pay for my flight. Also, when I arrived in the UK my brother-in-law gave my husband £1,200 in cash, witnessed by me and my brother-in-law's partner as a partial payment for both my husband and mu flights. However, last year the four siblings received an interim cash payment from the estate and this £1,200 was deducted from my husband's share. My husband is no longer asking for his flight to be paid however I am on the basis that this was the agreement and I am not a beneficiary of the will.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My brother-in-law said that if all the beneficiaries did not agree to splitting my flight cost from their inheritance, the total is just under £900 then he would personally pay it. The two sisters do not accept having money deducted.
Submitted: 8 days ago.
Category: Law
Expert:  MarianC replied 8 days ago.

Good afternoon, I am sorry to hear of your situation, this must be so annoying for you. I suggest you write to all concerned with a chronology of events and inform them that you are making a formal claim against the estate for monies expended at the request of the executor. Advise them if the money is not repaid you will issue proceedings against the executor which will be costly and cause significant delay to anyone receiving anything.

There is also the issue of Estoppel, where you would not have acted to your detriment had it not been for the executor's promise to repay your flight and he needs to honour his promise.

Kind regards

Marian

Marian

Customer: replied 8 days ago.
Thank you. To be clear do I just write to the Executor or to him and his three siblings(including my husband). Also, if he disperses the estate without paying me do I have any legal redress? I ask because these siblings are terribly unpleasant and the ramifications of writing to all of them rather than just the Executor are undesirable to say the least. Many thanks, Amanda
Expert:  MarianC replied 8 days ago.

I see, so to start with I would put the formal claim to the executor and advise him in the letter that if this is not resolved swiftly you will have no option to advise the other family members that the distribution of the estate could be delayed.

Expert:  MarianC replied 5 days ago.

Do you need any further assistance?