Probate - Partial Intestacy

[Half_Moon]

Residuary beneficiary died prior to Testator. Executor says that Testator intended to substitute his name as residuary beneficiary. This was generally known by others. It will be unjust for the Executor to share equally with the other 3 Next of Kin as Executor had duties other than administrative duties to perform. Testator lived alone and Executor charged with responsibility of disposing of contents of testator's house and other arrangements. Also under Will Executor was named trustee of assets of one of the beneficaries. This is a lifelong responsibility and Executor was named as person entitled to remainder.

Executor is the nephew and one of 4 next of kin. How can this be resolved in favour of the Executor?
English Law applies.

[dzug2]

A deed of variation?

[factor-fiction]

This reads like a law coursework question. I'm just wondering whether there is more info available if people on here feel they need it

[Half_Moon]

Half Moon: This is a real life situation. The information provided is all the relevant information available.

[boxtops]

I don't understand how someone can be partially intestate (per your heading). Surely the terms of the latest Will applies unless contested (whether or not the deceased person's changed desired were known verbally)?

[dzug2]

It's a partial intestacy because the residual beneficiary is dead. Therefore his share is subject to the laws of intestacy. These must be observed whatever the verbal wishes of the deceased were.

UNLESS everyone agrees how the estate is to be divided, in which case a deed of variation can be drawn up and the executor can act in accordance with it.

[Half_Moon]

Thank you dzug2. I think you are correct. This appears to be only way it can be done, but it will be a very sensitive issue with the other next of kin.