Will Question

[Johnrobert]

My sisters Cousin just died the 2 sons of the diseased are the executors one of the sons contacted my sister said he wanted to talk business and told her she was in the will, and she would get about ￡25 thousand he offered her ￡10 thousands to get the money now after signing away her rights, He said it could take about18 months otherwise, since she is nearly 80 years old he made out he was doing her a favour, is this legal as it's not in the spirit of the will as the deceased wanted her to get the full amount as she was the only one that cared for her.
I told her not to accept the offer
What would be her next steps she went to citizen advocate they were not much good, they only told her the executors don't have to tell her anything which made her more confused.
She does not trust them what should she do?

[des8]

I would agree with your advice, unless your sister needs the funds urgently.
As your sister has not seen the will (and the executors do not have to show it to any one) can she believe him.
The fact she discussed it with you prior to making a decision indicates she does not wholly trust the executors anyway.

If there is a house to sell it could take many months before the estate is settled, but if the executors were willing to advance her £10,000 now there is presumably sufficient liquid assets to do this already.
As they were willing to pay this now, they could possibly make your sister an interim payment now, with a final payment when the estate is finalised. They do not have to do this,

If your sister agrees to accept £10,000 now it would be necessary for her to sign a variation, under which she can state where the balance of her legacy goes.
(She cannot disclaim part of her legacy.. that is an all or nothing situation)

To be effective the variation must:

• Be in writing
• Be signed by:
  • The person giving up the benefit
  • The Executors if more inheritance tax is payable as a result
• Be made within 2 years of death
• Indicate the changes being made, and
• State whether it is intended to be effective for Inheritance tax and/or Capital Gains Tax

If you need more clarification come back.

[Johnrobert]

Thank you for the reply,

Maybe I did not make things clear they want to give her ￡10 thousand now not as an advance, if she took it would exclude getting any further money.
There is a house also there would be a lot of cash and market investment.

So she has to rely on their honesty to distribute assets. I think will was made with a solicitor is there any checks done to make sure there is no fraud.
Is this a common or legal thing for executors to made deals with recipients to enrich themselves

[Kezwhi]

So they are trying to get your sister to take £10,000 and then do a deed of variation to give the two executors an extra £15,000. They can not dictate who gets what and especially as they are trying to personally gain. Already, they are actually breaching their fiduciary duties as executors by trying to get your sister to give up most of her inheritance. This is not looking good- and they are actually trying to get her to sign it away through coercion.

So, they will need to send the will to probate in order to sell the house. You would be able to get a copy of the will on the government website. It costs £1.50 for a copy of the will.

Please do not let your sister sign anything from them!!

Executors generally have what is called an executors year from the date of the persons death- to distribute any monetary gifts- after the year- then your sister would then also expect not only the £25,000 but interest on that money too.

[des8]

Thank you for the reply,

Maybe I did not make things clear they want to give her ￡10 thousand now not as an advance, if she took it would exclude getting any further money.
There is a house also there would be a lot of cash and market investment.

So she has to rely on their honesty to distribute assets. I think will was made with a solicitor is there any checks done to make sure there is no fraud.
Is this a common or legal thing for executors to made deals with recipients to enrich themselves

I understood the £10,000 was coming from the estate of the deceased.
If it is coming from the estate she could not disclaim or reject her inheritance, but only sign a variation under which she can direct where the balance of her legacy will go.
If the £10,000 is not coming from the estate she could reject her legacy completely, but it would lapse into the residuary estate to be distributed accordingly.
But as @Keswhi points out the executors paying £10,000 for such a move opens up a whole new scenario.

[Johnrobert]

Actually it was coming out of his own pocket as he returned and said he only had £14,000 and had expenses hinting that he could up the offer a bit. The two executors (brothers) will be in on it together since it was their mother they expect to get everything. Also they said about £25,000 so it could be more making it look less she would be more inclined to accept offer

[des8]

You can lodge a standing search for a will if probate has not yet been granted.
It costs £3 and lasts 6 months
Use form PA1S https://www.gov.uk/government/public...ment-form-pa1s