Executors "power"

[Ma79rie]

My husband diied last year. His private pension is held waiting for a signature from the executor. There is a dispute on the will so the executor is witholding his signature. The executor is also a beneficiary. Can he prevent me being paid the pension. I have dependant children. The will dispute legal fees will deplete the estate. I dont want to incur more legal fees.

[Barmaid]

I think it really rather depends on whether the pension is written in trust (they normally are). If there is no declaration of trust the pension death benefit is normally paid at the (pension) Trustees discretion.

If you can give some details of the type of dispute, it may help. The executor has a duty to act in the interests of the estate (rather than the interests of any beneficiary -himself or anyone else).

[Ma79rie]

The dispute is over the will. My husband and I had parted but were still married. He made a new will which excluded me despite the fact that it was a long marriage and that I had worked and put a substantial financial sum into our joint assets.