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letter of wishes

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  • letter of wishes

    I would be grateful for views on the following. My friend's parents have both passed away. There is a will (going through probate) and a very detailed letter of wishes explaining exactly to whom personal items are willed (jewellery, furniture etc). 3 daughters are joint executors. Second parent to pass away lived with one of the daughters who is refusing to allow any items to be removed until probate complete (non contested clearly willed items). Additionally one of the daughters has been told that the one with whom the parent lived could choose to ignore the letter of wishes and merely divide items 3 ways between the daughters (as their discretion) if they so choose. I do not think that can be correct? This is an area of law I am unfamiliar with and would be grateful for views to pass on. Thank you!
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  • #2
    Did you say that there are 3 executors and not just one? Does that help?
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      All 3 siblings are named as executors I believe

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      • #4
        Originally posted by islandgirl View Post
        ... one of the daughters has been told that the one with whom the parent lived could choose to ignore the letter of wishes and merely divide items 3 ways between the daughters (as their discretion) if they so choose. I do not think that can be correct?
        To be clear, I agree with you. I do not agree with what this daughter has been told, and think it is wrong. If anyone has the right to ignore the expression of wishes, it is the executors acting together.

        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Either the letter of wishes is part of the will or it isn't. Is it being admitted to probate? (Unlikely)

          The letter can be referred to in different ways, resulting in differing obligations. If the letter is excluded from the will, then the items included are so under the terms of whatever trust is imposed in the letter and will documents..

          More info needed.
          Last edited by dslippy; 6th September 2022, 12:06:PM.

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          • #6
            Thank you both. The letter of wishes stands aside from the will but clearly states which items go to which daughter. I am sorry I don't have the detail of the matter but I must confess it would seem logical that all 3 would have to decide to disregard the letter of wishes not one party.

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            • #7
              sorry, but there are many dofferent ways in which such thimngs can be phrased with different ressults. There is no element of logic.

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              • #8
                An unfortunate position, but in my opinion and having seen many such questions about letters of wishes, these are only meant as a guidance for the executors concerning smaller items. Where these wishes to be 'set in stone' and be part of the Will then they the wishes would be included within the actual Will.

                However, the three executors must agree on how the Will is to be dealt with in the best way and agree by all three. Disagreements can often cause a family break down and sometimes go as far as legal action and this is not at all what your parents would have wished.

                Do try to all agree and from what you have already said, I feel you should deal with the wishes letter in the way it was written as this was the what they wanted, Please don't fall out fore the sale of some particular item, it's not worth a family rift . Good luck.

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                • #9
                  The point is that the letter of wishes creates a separate trust with its own terms, including how decisioms are to be made.
                  From very distant memory, the distribution of Prinsess Diana's estate was troubled in this exact way.

                  That said, the last paragraph of the previous post is spot on.

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                  • #10
                    Thank you everyone. I totally agree. I don't evisage a family breakdown over this but it was just the fact that one of them said they could (unilaterally) decide to ignore the letter of wishes and simply divide everything 3 ways (which would be entirely unfair due to a huge number of historiacal reasons). Advice given is much appreciated.

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