Posts Tagged ‘executor’

My Mum died this year.
Her estate consists of just a large house.

She named 4 people as beneficiaries of her estate – her 3 adult children (by 2 different husbands) and the husband (who is the father of the youngest son – a solicitor).

She left half of her estate to her 3 adult sons and the other half to her husband. The husband and his son (the solicitor) are the only trustees for the estate. The 2 eldest sons are only executors and beneficiaries (with both their inheritances being held in trust by the step-father and half-brother).

The problem is this… her Will does not stipulate any time-frame, or date, for the sons to receive their share of the inheritance. What rights do they have to force their inheritance payment sooner rather than later?

Can only the trustees decide when the eldest sons should get their inheritance? Can the 2 eldest sons be kept waiting indefinitely even until their own deaths?

I must also mention that… the half-brother (who is a trustee) is also a solicitor and may have helped the dying mother write her will in the first place.

Can a beneficiary ALSO be a trustee AND an executor – and possibly the same person/solicitor that even advised the Mum to write her Will in the way she did? Remarks have already been made (by a solicitor friend) as to the way the WIll has been worded and the oblique way way that the deceased true intentions have been described. Long before she died the Mother stated several times to all 3 sons that she wanted the eldest sons to get their inheritance sooner rather than later because they are much much older than the youngest son. However, the Will makes no clear mention of this.

I would appreciate any advise anyone can offer. Thanks.

I did my Will online, and the company that did it says I need two witnesses, that they cannot be my Beneficiaries or Executor, and do not need to be a Notary Public (according to my state laws). Who do people normally go to to employ witnesses for a Will signing ceremony?

does the executor have the right to close the file without doing a final account & decree of distribution?

executor did not carry out any legal matter on the will

does the executor have the right to close the file without doing a final account & decree of distribution?