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Will woes!

3 replies

openedcanofworms · 30/10/2021 10:45

Outlining briefly for a friend.

A friend has been estranged from their family for a while although in the last 2 years had been in regular contact with one parent. Other died a little while ago with no reconciliation.

In the surviving parents will, a clause has been made to inherit equally intellectual property rights relating to a craft the deceased created a small business in as well as any craft pieces remaining. The business was still running at time of death.

My friend has said before executor (also main beneficiary of the will) disposes of everything at the house (including these craft items) friend has asked that this clause is looked at as it needs considering in terms of inheritance tax etc because they want to have the right to invoke the clause of using the craft pieces as they see fit and continue to sell them later down the line.

Executor/main beneficiary clearly has not thought about this and is now talking a 50:50 split of the craft items, dividing up who has what and each does what they like. However, friend is going to state that actually, they want access to the rights to 100% of the craft as they understand the will.

They know they are going to have to get a solicitor involved but executor/main beneficiary is reluctant for this to come out of the estate.

Unfortunately the will was never lodged with a solicitor in the first place, being drawn up just a month or so before parent died.

If the clause states 'ownership to be conferred equally' does this mean both parties can access 100% of the items or, as executor is interpreting, 100% ownership of 50% of the items and intellectual property.

OP posts:
openedcanofworms · 30/10/2021 10:50

Friend fully intends to share 50% of any profits they make with other beneficiary and would have a contract drawn up detailing this.

OP posts:
DaisyandSimeon · 02/11/2021 13:50

has probate been obtained? The executor cannot dispose of assets until it has and this is taking forever at the moment.
For will disputes the person must pay their own costs, it cannot come out of the estate. Only certain costs, like the funeral automatically come out of the estate.

a clause has been made to inherit equally intellectual property rights
Who is specified? Your friend and the main beneficiary?
Really your friend needs to get a solicitor to look at the actual Will and untangle it, as it seems very complicated.

MurielSpriggs · 06/11/2021 09:56

In the surviving parents will, a clause has been made to inherit equally intellectual property rights relating to a craft the deceased created a small business in as well as any craft pieces remaining. The business was still running at time of death.

What matters is what the dead parent's will says.

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