Where do we stand

[myheadhurtss]

Hi all,
Hoping someone can help me.

in 2022 my sister in law was contacted by an insurance company to advise that her father had died and that he had a policy with them and they were looking to pay out the policy. She provided them with her details and those of her 2 brothers. the policy was then split 3 ways and paid out.

A year later my husband was contacted by another company (cannot remember what it was) saying that they had this policy but it could not be paid out unless probate had been applied for.
My husband then applied for probate and took on the role of executor at the request of his siblings.
He followed the correct process, advertised the death, etc to see if any debtors came forward. That's when 3 half brothers came forward.
My husband quite rightly agreed that any inheritance in the estate would be shared equally between all 6 children of the deceased.
My husband has now had a letter from a solicitor saying that the 3 half brothers want their share of the insurance pay out from 2022. This money was spent before probate was requested and before my husband took on the role of executor,

They are saying that they will take my husband to court to get the money that they are due.

Is my husband liable for this, even though he was not executor at the time? at the time the insurance money was received and spent in good faith.

i'm very stressed about this as my husband doesn't work and I don't have the savings to give to cover the sum they are asking for.

Any clarification would be appreciated

[atticus]

Let's start with this: was there a will, or did your father in law die intestate?

Is it correct that your husband and his full siblings did not know about these half brothers before they came forward following the statutory notices?

Do you know why the insurance company contacted your sister in law? Had your father named any beneficiaries of the policy?

[myheadhurtss]

Hi,

He died intestate, there was no will and no beneficiary listed with the policy.

She was contacted by someone who looks for dependants (I think thats the right word) unsure how they found her.

They were aware of the half siblings.

[atticus]

Then they should have been included in the distribution of the insurance policy money. Can your husband and the 2 full siblings each repay half of what they received?

[myheadhurtss]

Hi,

For various reasons they cannot raise that money.

I know my husband would have been happy for all 6 siblings to receive their equal share of that payment however the distribution of that was done by the insurance company and was not dealt with by my husband.

He has found out the details after he took on the role as executor over a year after the insurance company paid out.

So would he be personally be liable to pay the 3 half siblings as he is now the executor? Even though this took place before?

[atticus]

He may have a responsibility as executor to take action to recover that money, even if he is not responsible for the earlier receipt and distribution.

He might do well to take legal advice.

[atticus]

however the distribution of that was done by the insurance company and was not dealt with by my husband.

That is a bit simplistic. The 3 of them gave bank details to the insurance company. None of them stopped to consider their half brothers.