Executor of Estate and Capital holding

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  • #31676
    barberp
    Participant

    I hope someone can help with this please.

    Mr B (the son) is officially the executor and main beneficiary of his late father estate (£62,000). The last will and testament was drawn up in 1999 and also includes two grandsons as beneficiaries to the tune of £2000 each.

    The father dies in 2003 and the £62,000 is put into an account named as the the exors of Mr B’s fathers name and our claimant, Mr B.

    So far so simple and it would appear that our claimant should not be entitled as over £16,000. However, on interview, Mr B states that just prior to his fathers death, his father verbally changed his wishes and wanted the two grandson’s to be the main beneficiaries (as Mr B was financially secure). Unfortunately, the father died before the will could be changed. During interview, Mr B has stated that he has not benefited by being the executor and regular withdrawals shown in the executor account have been paid into a slush fund for one of the grandchildren (of adult age) to help with the renovation of a property (the slush fund being a tin on the mantlepiece). Appararently, the grandson is not very good with money and would not have paid contractors, so Mr B dealt with the payments.

    Where do we stand with regard to including the £62,000 as capital held by Mr B ?? (this has not been declared !!!)

    Thanks in advance

    #88593
    Kevin D
    Participant

    In the absence of any corroborative evidence AND taking into account the nature of what is actually happening with the alleged new arrangements, I’d be inclined to take the view Mr B has legal and beneficial rights to the monies. If the monies really were for the grandsons, it should surely be paid to them. In fact, the exors have a duty to do precisely that.

    #88594
    barberp
    Participant

    Thanks Kevin.

    I have written to Mr B to give him the good news.

    #41495
    Kevin D
    Participant

    Just to add, once a claimant is shown to possess monies, at least on the face of it, the onus switches to the claimant to show it isn’t and/or what has happened to it – [b:9a6c18a063]R(SB) 38/85[/b:9a6c18a063]. [b:9a6c18a063]CH/0715/2006[/b:9a6c18a063] may also be of interest.

    #88595
    barberp
    Participant

    Excellent. This is very useful as I feel an appeal coming in. Especially as he has been overpaid £6000

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