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Advice on Executor and Beneficiary teaming up required

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  • Advice on Executor and Beneficiary teaming up required

    Hello All,

    Your collective advice on an unfortunate situation unfolding is needed.

    The scenario:
    Mother passed away in January 2021. She left a will where she stipulated her 4 children (2 daughters & 2 sons) would get equal share of her house sale. She left her earrings to grand daughter 1, and necklace to grand daughter 2. Due to the circumstances of the death, the necklace and earrings were with the beneficiary daughter. All shares and bank account to be given to two daughters. The Executor is one of her daughters.

    The Executor had failed to show the will to the beneficiary daughter, despite her asking to see it numerous times. She got visibility of the will in June 2021 when the will was registered with the probate office. And it was at that point she saw the provision for the earrings for grand daughter 1. Both the Executor and son knew of this provision from January 2021 but failed to share the knowledge.

    The Executor and beneficiary son are demanding the return of the necklace before any funds from the sale of the house are disbursed (the son paid for the earrings). They are also demanding the return of a computer into their charge before releasing funds - the fate of the computer is undecided as I would like to donate it to a museum and they want to sell it. There is no significant value attached to it.

    That is a cut-down version of the history. My question is can the Executor legally with hold the funds? and is there any recourse available to the beneficiary daughter?

    All advice is welcome and much needed.
    Tags: None

  • #2

    I assume sadly there is some tension between you and your sister

    The executor's responsibility is to secure and collect in all the estate assets and then, having maximised their value distribute them to the beneficiaries according to the will.
    The executor has to keep an accurate record, which means they are responsible for having individual items valued.
    If the item is not delivered to them, they could claim they cannot value the estate accurately, and until they can do that they are not in a position to make a distribution

    If a person does not release an asset to the executor they may be running the risk of being charged with theft.
    If you wish to donate the computer to a museum I would suggest you make an offer to buy it from the estate.
    If your offer is accepted you could then donate it as you wish.


    • #3
      Thank you for your response. I shall reach out and despatch the computer.


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