NOK/Executor/beneficiary - could this be a conflict of interest

[BrashCandicoot]

Sorry if this is long, I want to get the facts down as I know them as much as possible. I’m asking about a situation I’ve been musing about with DH and MIL regarding an elderly relative.

Relative (A) is in his late 90s, a widower and was unable to have a family with his late wife. Relative (C) - who is related via marriage to B, a niece of A and DH’s aunt - has been appointed NOK/Power of attorney, an executor of his will, and also stands to inherit - B and C, as a couple, have been extremely close to A and his wife, and have given him a great deal of help since his wife passed. As far as we know, it is only “BC” and possibly the god children of A who stand to inherit, just to reassure that this situation hasn’t been discussed by other potential beneficiaries, because it feels awful that it’s even being talked about.

A sadly took ill a couple of weeks ago, and has been hospitalised since. It is unlikely that he’ll be allowed to return to his own home without a substantial care package now. The rest of the family thought there would be nothing to worry about, as A is very well off through both his former career and investments he made. However, B is being a huge doom monger, even though other family members have visited and been given conflicting information, and having looked into how much private care costs is talking about “taking it from the NHS” - bullshit I know, because A’s capital puts him well over the threshold for self funding.

This leads MIL to worry that rather than making sure that A (her uncle) receives the best care he can afford, B will lead him towards the cheapest option. There have also been occasions recently where B has taken action which has hurt A (emotionally and in terms of his mental state, though nothing that would be officially classed as abusive), we believe unintentionally but of course A would never say anything to B about it. B has also made some very financially risky decisions himself recently.

The gist of my question is - is it possible that upon the death of A, B could be held liable for taking actions that have preserved the financial value of the estate (and therefore his share of inheritance) rather than them being in the best interests of A?

My husband & his brother were equal beneficiaries of their mother’s will. She lived with the brother & they owned the house equally. On her death 10 years ago, my brother-in-law acted as the appointed executor. 10 years later, my husband has not received a penny of his inheritance & his brother lives in the house, valued at over £600,000, he also has a large property in Spain & a very well paid job, whilst we live very simple & constantly in debt.
My husband is too afraid to ask for his money & now his brother is saying that when he sells the house he will deduct £25,000 from the will because he says that is what my husband owed his mother.
There is no proof of this & my husband is very vulnerable, he has Asperger’s syndrome
I’m at my wits end, I have been supporting us but am no longer working

Mollybob12, as executor your relative has breached his fiduciary duty. It is not too late start action on it. See a contentious probate solicitor. You may be able to get a conditional fee arrangement whereby the solicitor takes a cut of the winnings. Dont let them get away with it. He's just an old fashioned bully.

I'm going to suggest you get legal advice on this. With the greatest of respect, you're most likely to just get opinion & experience here, Well-meaning perhaps but not fact.

There's a chance B, if he has power of attorney or similar to look after A's affairs now (or in future), may not act properly in terms of arranging care etc ..... or he may just do it differently to how you or I would have done it. Different but not wrong in any way.

You'd best to seek advice now, so at least you know what type of behaviours or actions to watch out for. And what you may have to bite your tongue over.

Hope it doesn't go the way you fear.