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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 1151
Experience:  20 years experience in Wills and Probates and Trusts
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I hope you can help! Briefly my mother left a will stating

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Hi, I hope you can help! Briefly my mother left a will stating both my brother should be executors and should shared the remainder equally. She also left (unsigned) instructions ~and made it very clear before she died that she wanted this carried out. to shich we made it clear we would so this.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: the question do we have 'good will descretion to distribute as the list? we are in the uk, we didnt speak to solicitor about this. probate is granted. estate accounts are (almost) totaled.
JA: What steps have you taken so far?
Customer: I believe most of the account dealings are finalised. just the distribution to be completed.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: idk if it is relevant, but the final wishes of my mother were for the grandchildren to be included in (small share) of the will. my brother now doesnt agree. his arguement is that it is not in the will and as executors will are not actioning the will correctly. So I just want to know if this is correct. of if we are given descretion in 'good will'. Thank you

Good afternoon, thak you for your question, I am sorry to hear that you have lost your mother. As your mother's wishes are not included in the Will they are not legally binding and you do not have any discretion to amend the contents of the Will. You could separately if you wish, make gifts from your own shares to the grandchildren but there is no legal basis for requiring that you do so.

Kind regards

Marian

Customer: replied 16 days ago.
Thank you, ***** ***** very clear.

thank you, ***** ***** is in agreement and the sums are quite large you can vary the Will using a Deed of Variation, but if you want to gift something yourself to the grandchildren and the amounts are quite small then you can just give them money directly.

Do you need any further assistance?

Customer: replied 16 days ago.
what would be considered 'quiet large'? mums request was 1/7ths to (3) grandchildren.(2/7ths ea to us). I wld conceed 1/9ths, and 1/3rds as my brother is so unhappy. but he is stating the 'executor responsibilty' as an excuse not to do it at all, I fear.
Customer: replied 16 days ago.
sadly I think we are going to fall out about this.

Then I would stick with the terms of the Will and you each give your own children what you wish from your own shares. As I said, it is only your mother's wish that the grandchilren receive anything, it is not legally binding on the executors to follow those wishes.

Customer: replied 16 days ago.
basicaly as he would need to part with cash, (there were 2 properties and he has opted to take the more expensive one).
Customer: replied 16 days ago.
oh and I have 2 shildren and he has 1... is the issue!
Customer: replied 16 days ago.
children

Were the properties separate gifts or are they part of the remainder?

Customer: replied 16 days ago.
they were part of the remainder

So he shouldn't receive more than you, that should be evened up.

Customer: replied 16 days ago.
i will have some of the other assets (small car, house contents) and he will need to give me the cash balance. ~ just not as much as if the grand 'children' were considered. (they are all adults now). :)

That's good. I hope you resolve the other issue.

Customer: replied 16 days ago.
thank you, ***** ***** bye...

Thank you, ***** ***** good weekend.

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