Is this legally allowed? Will and Executors related

[TheSoloExecute]

My dad is named as the sole executor of my grandparents (his parents) will. One died in 2018 the other died in 2021. They had a joint will that left everything to the other until their death.

GPs had 4 children, 7 grandchildren and 5 great grandchildren at the time of my grandfathers death in 2021 all named as beneficiaries - they now have 8 grandchildren and 7 great grandchildren but the ones not alive when they died don’t benefit.

The bulk of the money is split 4 ways, with a small portion spilt 7 ways and another even small portion 5 ways.

My concern is dad recently told me some of the money went through his sister, this is because he doesn’t speak to one brother at all (they haven’t spoken in over 30 years) so all the money for that brother, brothers children and grandchildren went through my aunt who gave it to the named people.

Dad assures me his sister has given the money to this brother and that the estate has been split as per the will.

If it’s relevant I know my dad got slightly more money than the others as he’s the oldest and was the sole executor but the other 3 all got the same, it does however mean my sibling and I and my DC have got slightly more as dad decided to share some of his with us.

But I am worried my dad will get into some sort of trouble for not giving the money directly to his brother and basically going through a 3rd party albeit a sibling.

So whats the likely comeback if found out?

Sounds slightly dodgy? He didn’t need to have direct contact to get bank details? As an executor he needed to follow the will so if he hasn’t then there is the potential for fall back

@FiloPasty

Sounds slightly dodgy? He didn’t need to have direct contact to get bank details? As an executor he needed to follow the will so if he hasn’t then there is the potential for fall back

@FiloPasty This is my concern, I do think my aunt has probably given the money per her parents wishes to my Uncle and cousins but I'm worried it's dodgy my dad didn't do it himself.

If the split to the siblings was equal 4 ways, he could get into trouble for taking more, despite being the eldest (although reasonable out of pocket expenses, but not paid time are payable from the estate to the executor).

If the remaining share was split equally amongst the gc then its nobody's business if he chose to pay you more OUT OF HIS SHARE.

If there is no proof that the other nc brother received their share, ie the sister kept some/all of it, your dad could be in trouble for not ensuring his duties were fulfilled properly - he should have raised a cheque for the brother and relevant gc if he didn't know their bank details to transfer.

He could have made a very expensive mistake if he's mistrusted his sister.

You personally don't have anything to worry about.

Why did your dad get more, him being the eldest is irrelevant unless it was stated in the Will that he got more.

The executor is personally responsible if the will is not executed properly, so he should have distributed the money himself to ensure that his brother received it. He could have sent it straight to the bank account, no need to talk to him.

He just needs to get signed confirmation of receipt of funds. Then all should be covered.
He should have got express direction from them regarding the location of funds to be deposited but I think signed confirmation of receipt will be all that's needed.

@Fuuuuuckit

If the split to the siblings was equal 4 ways, he could get into trouble for taking more, despite being the eldest (although reasonable out of pocket expenses, but not paid time are payable from the estate to the executor).

If the remaining share was split equally amongst the gc then its nobody's business if he chose to pay you more OUT OF HIS SHARE.

If there is no proof that the other nc brother received their share, ie the sister kept some/all of it, your dad could be in trouble for not ensuring his duties were fulfilled properly - he should have raised a cheque for the brother and relevant gc if he didn't know their bank details to transfer.

He could have made a very expensive mistake if he's mistrusted his sister.

You personally don't have anything to worry about.

@Fuuuuuckit I've seen the will it stated

DC1 (my dad) executor

X amount for executor for duties carried out
Remaining amount in Y bank account split 4 ways between DCs 1-4 (my dad and his siblings)
Bank account Z to be split 7 ways between then all grandchildren named
Bank account A to be split 5 ways between then all great grandchildren named
House to be split between 4dcs or any other arrangement they agree between them it's been agreed my other uncle can live in it until his current youngest child is 18

Dad has then given me and my sibling and my DC some extra from his share, he has made it clear this is where it's come from.

I think my Aunt has more than likely given my Uncle and cousins the money, she's very into whats right and wrong, she's even said she felt it right my dad as executor got a bit more money.

It’s not an easy task and if he has the paperwork/text/email link then he should be fine, if for any reason your aunt had done something different I think it would be her liable at that point

From what I can gather my aunt is the only family member this uncle speaks to. He refused to speak to his parents in their final hours, and didn't attend the funeral of the one in 2018, reluctantly went to the funeral last year.

His wife is much more approachable but he can be very possessive of her too. Will maybe get my dad to speak to the wife and she can confirm the money has been given.

Ask aunt for proof of transfer in order the estate can be wound up. It's not ideal it was done this way as if she dies within 7 years of the transfer and there is no paperwork trail then it would be assumed she'd gifted them the money which would then be subject to inheritance tax (on a decreasing scale). Proof of transfer would go some way to negating that. Anyone else in this situation - just send the beneficiaries a cheque - much easier.

Oh and the same would be for the money that your father gave you as if he dies within 7 years again depending on the amounts it may be subject to inheritance tax. A deed of variation should have been done and you and your siblings received the money directly from the estate.

@Itsbackagain

Oh and the same would be for the money that your father gave you as if he dies within 7 years again depending on the amounts it may be subject to inheritance tax. A deed of variation should have been done and you and your siblings received the money directly from the estate.

@Itsbackagain I'm not bothered about the small amount extra he gave us, it was less than £1k so if it gets counted it gets counted. The money that I was named to have came directly from the estare.

Yes it is allowed.

If he did it this way he should have asked the sister to get a written and signed receipt of the money.
If the estranged brother actually received nothing he can sue your DF as he didn't follow the wills instruction. So silly not to have just written. If the sister had forged a signed receipt, DF would have sued her for return of the money. The estranged brothers case would be against your DF.

Being an executor means doing what the will says not delegating it to others without good reasons.

@FiloPasty

It’s not an easy task and if he has the paperwork/text/email link then he should be fine, if for any reason your aunt had done something different I think it would be her liable at that point

That's not my understanding, I'd say the executor is liable. It's their responsibility to distribute the estate. If it doesn't get passed on correctly (say if the brother kept it all and didn't distribute it to the other beneficiaries of his family) I still think the executor is liable because they haven't had their share.

All depends doesn't it- did he give her cheques to give or just transferred a load of cash to her account and said pass that on.