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How does this all work?

6 replies

auburnglow788 · 24/12/2023 15:10

My sister and I haven't spoken to each other in 20 years. Before we stopped talking to each other, my parent drew up their will and made me the executor. After a few months and due to a lot of complaining from my sister about how she was the eldest hence should be the executor, my parents caved in and notified the solicitor of the change of executor. Since then, my parents have, on various occasions, voiced their concerns about how when the time comes, they don't trust my sister to distribute the money as they have requested in their will. They won't change executors as they don't want to upset my sister. I want to reassure them that the solicitor will ensure everyone gets what's been left to them, but deep down I'm unsure how it all works. Would she be able to receive everything and make off with it or would the solicitors distribute everyone's share?

OP posts:
ohtowinthelottery · 24/12/2023 15:13

What solicitor? If they've appointed your sister as Executor she doesn't need to use a solicitor (exact perhaps for conveyancing if there's a property to be sold).

tribpot · 24/12/2023 15:18

You might want to ask for this to be moved to Legal Matters but I agree with @ohtowinthelottery . See Citizen's Advice page. I think you would be able to involve solicitors if you believed the executor was not executing the will correctly but that sounds like a very expensive solution when your parents could change executor again (perhaps to the solicitor's firm?) and simply not tell your sister.

Silverbirchtwo · 24/12/2023 15:18

It might be joint executors, the sister and the solicitor. If it is just the sister it could get difficult, you can get to see the probate and if you have a copy of the will maybe contest the way the money was distributed, but not at all sure how that would work. When the time comes employ your own solicitor to check everything out?

olderbutwiser · 24/12/2023 15:20

She could run off with all the money - obviously it wouldn't be legal for her to do that, but she would have control and you hear stories on Mumsnet of occasional nightmares.

It sounds like a bullying situation. Maybe they should make a solicitor their executor - there would be fees but that would make sure the estate would be distributed as per their wishes.

Alphabet1spaghetti2 · 24/12/2023 15:36

Well, if my family is anything to go by, she will happily sell everything and take all the moneyed as ‘she’s the eldest and deserves it.’ It is a pattern which has repeated itself through the generations from at least the great grandparents right through to my own sister - who didn’t even let me know the last parent had died.
No consequences whatsoever for any of them. I guess anyone one of those of us who were denied our inheritance could have challenges it but tbh it would have cost far more in legal fees and still no guarantee of actually getting what we were supposed to have been left.

Sisterpita · 24/12/2023 19:47

@auburnglow788 be prepared to get nothing unless your parents either appoint you both or appoint someone independent to be executor.

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