Executor & Beneficiary Any Conflict?

[EDDIE51]

My wife is both the sole executor and main beneficiary under the will of a family friend.
I am unsure if there is any conflict here?
Apart from the legal angle we are expecting a load of 'flack' from the family of the friend.
They have been specifically written out of the will due to family conflict.
We know the family as well as the person who has written the will.
Advice please !

[fiction-factory]

Happens much of the time. So long as she didn't act as a witness on the will I can't see a legal problem

[fiction-factory]

There have been legal challenges though from close family members that have been excluded from wills, and these challenges are more likely if someone can claim to be financially dependent on the deceased

[Jackdaw33]

I agree with FF. No legal conflict as long as she did not witness the will.

[mikey4444]

As has been said, there is no legal problem, as long she was not also a witness to the Will.

But be prepared for a legal challenge from the family....it happens all the time !

You haven't said if the family friend is still alive ! If they are deceased than get all the locks changed immediately.

[EDDIE51]

Thanks, The only other point is that the two witnesses are both now dead, is this of any significance?
There are definitely no dependants who were / are financially dependant.
One worry is that this is the person who I have mentioned before who 'does not trust banks' and leaves his cash under the mattress .
I do not rule out the family trying to get into his flat as soon as they know he has passed and grabbing as much cash as they can get their grubby hands on!
As far as I know my wife has the only set of keys apart from his personal ones .

[EDDIE51]

The friend is still alive, we have just been out for a drink with him .

[Jackdaw33]

If the witnesses are dead it makes no difference. If the claimants were not financially dependent then I see no problem.

[mikey4444]

Eddie...as a far as I can see, it doesn't matter if the two witnesses are dead.

But I am serious about the locks change....you cannot be 100% sure that some spare keys are NOT in the wrong hands, so when the time comes, change the locks anyway.

[Jackdaw33]

The basic rule of law is that you don't witness the will, you attest to the testator signing it in your presence. Providing a witness is also not named as a beneficiary, who cannot inherit, there is no problem, subject to the Administration of Estates Act.

[Tilly2]

Eddie, can you not try to persuade him to open a bank account? Explain to him that that is the only way that he can ensure that the estate/money goes to your wife. You say she's the sole executor, is she also the sole beneficiary? The estate will have to be dealt with by your wife and she will have to see that other beneficiaries, if there are any, actually get what the will states. The money needs to be safeguarded in a bank or a building society.

[mikey4444]

Tilly is right....perhaps a solution to the problem is for your wife and this chap to open a joint Building Society account. I have one with my brother, so that in the event of the early death of either of us, the money therein will be easily and quickly available.

If only we had more than a couple of hundred in it in !

[EDDIE51]

I hold out very little possibility of persuading him to open a bank account, as I have said on here I have tried over and over again to get him to use a bank. No luck so far. But I will try the 'only way to ensure your wishes are met' argument now. Thanks to all for the help.

[Tilly2]

Let us know how you get on, Eddie.

[Peter Pedant]

The great Barmaid has given advice on this past
so access her postings and you will be much enlightened
at no cost
basically as above
a claim for dependents would only succeed if they show they were dependent at the time of his death
which doesnt sound like it

the only other thing - flak doesnt have a c in it

[Barmaid]

Aaarrrgggh, if I had a quid for every time I heard "if they werent dependant at death"............

Right, there is no conflict with your wife being exec and ben.
No problem that both the will witnesses are dead.
Likely challenge will be that deceased failed to make reasonable financial provision - only limited class can claim - spouse/civil partner; former spouse/civil partner who has not remarried; child; step child (or child treated as a member of the family); co-habitee; dependent (needs to have been dependent for 2 years prior to death and maintenance needs to have been substantial). It is NOT necessary for a claimant to be dependent as long as they fall into the above category.
Other possible challenge is lack of testamentary capacity, or substantive invalidity (ie failure to have it witnessed properly) although personally I wouldnt worry about that.

[EDDIE51]

Thanks BM he has 2 children who have not lived with him or even talked to him for at least 5 years , his former wife is remarried.
No co-habitee .
Tilly I will let people know if there are any new developments. But this could go on with no change for years, he is late 70s early 80s but in good health. He gets out of the house every day and walks into the town center for a drink at his 'local'.
We are not expecting him to 'pop his clogs' anytime soon!