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Deed of Variation that not all Benefactors Will Sign
Hi,
I am asking on behalf of a friend.
My friend's mother passed away last year. My friend was one of 5 siblings and all her mum's estate was equally left to her and her brothers and sisters. My friend and her brother are joint executors of their mother's will. Probate has not yet been applied for.
For the last 10 years, one of the grandchildren lived with my friend's mum. He lived there to help his grandmother out as she had mobility problems and to keep her company. She kept him as though he was her child and he was dependent on his grandmother.
After the mum died, the executors thought that the grandchild may have a claim under the 'Inheritance (Provision for Family and Dependants) Act 1975'. So - as executors - they suggested a deed of variation be done leaving the grandchild a small legacy. This would obviously minimise costs for the estate was their reason for this thinking.
Three of the siblings agree to this but two of the siblings refuse to sign the deed of variation as they do not want the grandchild to have anything. They would rather risk a court battle - something the executors want to avoid due to the associated costs.
The estate is worth around £400,000 and the amount of legacy being discussed is 10% i.e. £40,000.
The executors are confused as to what they have to do next. They do not want a claim against the estate by the grandchild, but they cannot force the other two siblings to sign the deed of variation.
Any advice for my friend would be much appreciated.
I am asking on behalf of a friend.
My friend's mother passed away last year. My friend was one of 5 siblings and all her mum's estate was equally left to her and her brothers and sisters. My friend and her brother are joint executors of their mother's will. Probate has not yet been applied for.
For the last 10 years, one of the grandchildren lived with my friend's mum. He lived there to help his grandmother out as she had mobility problems and to keep her company. She kept him as though he was her child and he was dependent on his grandmother.
After the mum died, the executors thought that the grandchild may have a claim under the 'Inheritance (Provision for Family and Dependants) Act 1975'. So - as executors - they suggested a deed of variation be done leaving the grandchild a small legacy. This would obviously minimise costs for the estate was their reason for this thinking.
Three of the siblings agree to this but two of the siblings refuse to sign the deed of variation as they do not want the grandchild to have anything. They would rather risk a court battle - something the executors want to avoid due to the associated costs.
The estate is worth around £400,000 and the amount of legacy being discussed is 10% i.e. £40,000.
The executors are confused as to what they have to do next. They do not want a claim against the estate by the grandchild, but they cannot force the other two siblings to sign the deed of variation.
Any advice for my friend would be much appreciated.
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