Paying beneficiaries and lost gifted item

[Socohlb13]

I am the executor of my father’s estate. I am also a beneficiary and I have been left my Dads house whereas my brother and sister have been left a small amount of money in comparison. Because of this they are no longer talking to me apart from to ask me when they are getting their money. The Will writing company we used advised to wait 6 months after probate was granted to pay out anything but what could happen if I pay them now. They also said about giving the beneficiaries a letter saying along the lines of if they can the cheque they are agreeing to the terms of the Will and won’t challenge. Can I do this and any ideas on where I can get a template or what to include? There is also an issue as my Dad left them a pice of jewellery each which I cannot find although I am still looking. What happens if I can’t find them though?

thankyou and sorry for the long post.

[atticus]

Have you asked these people the reasons for their advice or how to go about doing the things they suggest?

The 6 months is to do with protecting executors from claims should creditors come out of the woodwork.

If you wish to equalise things with your siblings you can change things with a Deed of Variation.

[Socohlb13]

Thankyou, I’m not going to go against my Dads wishes so the amount they are getting will be the same as in the Will. The Will company just said that the letter would help stop them contesting as they have cashed the cheque so accept the terms of the Will? I was hoping for some independent advise about a template just so I know that I am doing everything correctly

[Socohlb13]

Also, I’m worried I won’t be able to find the jewllery. It was a signet ring that my Dad hadn’t worn for at least 10years

[PallasAthena]

If an item left as a specific legacy was lost before the testator died and can't be found then the person who it was left to gets nothing in its place. The person isn't entitled to take something else instead.

[atticus]

Thankyou, I’m not going to go against my Dads wishes so the amount they are getting will be the same as in the Will. The Will company just said that the letter would help stop them contesting as they have cashed the cheque so accept the terms of the Will? I was hoping for some independent advise about a template just so I know that I am doing everything correctly

Just going back to this, I am not sure that such a term would be enforceable. For a start, I cannot see what consideration you would be giving for the implied promise not to take action.

I am sure your "will company" can draft you something suitable if that is their advice. I myself would not provide a draft of a document that I would not expect to stand up to challenge.

[Socohlb13]

Thankyou so much for your reply. I’m regretting going to a Will writing company and not a solicitor to be honest. I don’t entirely trust what they are telling me so really appreciate your feedback