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Executor of a will

5 replies

TheHiphopopotamus · 02/07/2016 19:52

My friend's parent died recently and left a will. She made my friend's sibling (X) the executor and left a sum of money to be split equally between my friend and X.

X is now refusing to give my friend the money. X says my friend owes X some money and will not hand over the money from their parents will until my friend gives X the money.

My friend disputes that she owes X the money. The will says nothing to this effect nor is their any paperwork or contract saying that my friend owes X the money.

What can my friend do?

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Collaborate · 02/07/2016 23:35

See a solicitor and take the sibling to court.

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gingeroots · 03/07/2016 08:27

Hippo - tricky .

Before the executor is granted probate ( necessary to have money released ) they have to swear an oath promising to carry out the instructions in the will .
I would get your friend to talk to her sibling and remind them of this .Just be really firm .Any supposed debt is another issue ,nothing to do with the will .

She could also ring round solicitors and try and find one who will gice a 30min consultation with no charge .

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TheHiphopopotamus · 03/07/2016 10:06

Thanks both of you. She's already seen one solicitor who said (something along the lines of) that he couldn't say who was in the wrong or if it would be worthwhile taking the sibling to court. I think that has kind of put her off seeing another one.

My view is that they are two separate matters. My friend needs to go to court to get the money from her parents will and X would need to go to court separately for any money they think they are owed.

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gingeroots · 03/07/2016 11:44

I think I'd see another solicitor .

It is 2 seperate things . Probably v expensive to "go to court" and I'm sure that it would be expected that all other avenues should be exhausted first .

Can your friend be firm with sibling or get a solicitor to send firmly worded letter if she's not able ?

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TheHiphopopotamus · 03/07/2016 12:03

Can your friend be firm with sibling or get a solicitor to send firmly worded letter if she's not able

I think this might be the best option at the moment. Her mental health isn't good and she need to be in the best place to be able to fight it. The original solicitor who drafted the will has also been unhelpful.

I'll speak to my friend and see what she says. Thanks for replying gingeroots