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Executor Responsibilities

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  • Executor Responsibilities

    Could someone please help?

    The situation is as follows: My mother-in-law passed away very recently, from terminal cancer. Before she passed away a family friend of hers helped with her care. My mother-in-law made a new will 6 days before she passed away with drastic changes made. The previous will made in January 2020 followed the usual pattern - including several other family members - only son (as Executor), nieces and nephews and their partners and this family friend. The new will made 2nd May 2020 made her sole executor of the will. The property and the rest of the estate to be split 50/50 between this family friend and the only son.
    We are very concerned as to what she can get away with as sole executor of the will. We do not trust her at all and fear that she will try and be very underhand and deceitful during the process.

    1) Can she just use monies to sort out the house without my husband's knowledge or agreement?

    2) Can she falsify expenditures?

    3) Can she stop my Husband from receiving his father's tools etc ......

    4) Can she spend money from the estate without our knowledge.

    We really cannot trust her, purely down to the fact of how the will was so drastically changed in her favour excluding other family members, and her inheritance changing from £3,000 to possible £140,000 in the new will made in May.

    Any help or advice would be really appreciated.

    Many thanks
    Tags: None

  • #2
    Hi, tricky situation but unfortunately not unusual these days. I would suggest the best way forward would be to jointly appoint a Solicitor to deal with the Estate. That way, you as the family will know that she isn't trying to get away with anything, as well as scrutinising the Will and making sure that its valid, and she will be assured that with the Estate being dealt with properly, taking the pressure off her from the family and ensuring that the Probate is dealt with properly. This would certainly stop any suspicious activity on the side of the carer. I have dealt with alot of contentious probate matters like this at my firm, and simply by introducing a third party into the equation that can tell you the law behind these things, and handle the matter for you, it really does help

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