executing a will

[willow74]

My aunt recentely died and i was left a couple of items in her will. The will is being executed by a couple of old cowbags who lived in a flat above her. She put them as her next of kin and executers cos they were neighbours (?dunno why?).  Anyway i spoke to one of them last night as it is 2mths since her passing.  They said they would be ready to give the items out next week.  They told me that a piece of jewellery i have been left was left to me (i already knew this).  They said they had verbal words with my aunt and told me she had given it to me on the instructions it stayed in the family and that she as the executer could check it at any time.  She then said she took the liberty of having it valued for the estate.

i know these women are a nightmare and way too interfering but

1. can they get the jewellery valued 

2,  surely they have no rights to comment on what was given to me in the will. they just administered the will

i want to get my facts before i row with them

[ursula62]

Keep calm. If you annoy these women they will probably take even longer to administer the will. Just go along with them and let them say what they like. Once you have what you believe is yours by right you don't have to have anything more to do with them.

[willow74]

i know i need to stay calm.. its so hard though.  They niggle me so much cos they are blatant con women who ripped her off so much.  But yes i will just get what i want of sentiment and then once thats in my hand i will deck them !   haha just kidding

[Miss Zippy]

The executors must carry out the terms of the Will precisely as it is written.  If there is no condition in the Will that the item of jewellery should stay in the family or be available for checking, then the woman is clearly just meddling and making a nuisance of herself. Once executors have dealt with the Will and the estate, their roles are over. Just humour her for the time being and when you have received the items you need have no more to do with her. Re the point about having the jewellery valued, administering an estate involves finding out what the deceased owned and its value and items such as jewellery must be valued before Probate is granted. 

[ursula62]

Miss Zippy is correct about getting things valued. Even if you are left a specific bequest in a Will, e.g. a brooch, if there isn't enough money to pay the funeral and testamentary expenses then some items may need to be sold to pay these.

As a general rule, solicitors' and executors' bills come first, then monies owing to government agencies (whether local or national) and then any personal debts of the deceased.

Only after the executors have paid all these can anything be distributed to beneficiaries. 

[spudqueen]

mdoo98 my brother and I are joint executors of my mothers will and also the only benificiaries. Probate has been granted and everything is going ahead, so no problem there. I think you may be getting confused with the fact that a witness to a will cannot benefit from it.

[mattie]

I totally sympathise with you willow74, my uncle died recently leaving a will naming me, my brother and my two cousins as beneficiaries.

However, a women who he befriended towards the end of his life stated that he said to her that he was going to write another will (with her as sole beneficiary of course). There was no other witness to him saying this.

She has already had �50,000 plus two cars out of him, when he was alive, but this obviously wasn't enough.

This will does not exist, but we have had to run up a big legal bill to prove it.

Hopefully, someone will try to take her inheritance, so she can see what it feels like.

[willow74]

Its such a shame that people are taken advantage like this. my aunt has been ripped off by these women for about 5yrs.  They charged her �100 a week for the last few yrs to walk and look after her yorkshire terrier.  crazy that they can get away with it

Mattie i hope you get things sorted with this malicious woman.

[Miss Zippy]

Willow74 � executors are entitled for any expenses they incur to be paid from the estate. In most cases, expenses will be minimal, perhaps costs of postage, photcopying and some travel costs etc. Executors should keep a record and receipts of all expenses incurred so that they can be indemnified by the estate. I�m just pointing this out because you might want to keep an eye on the expenses claims your aunt�s executors make so you can ensure they do not profit from your aunt any further.   

[Tim Baxter]

Don't under any circumstances row with them.  Take your jules, do what you want with them.  What can anybody do after they're in your keep, moan at you?