Legal Right Share - Probate Query

M

Micky

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Hi all

I'm stuck on a problem. In a nutshell, husband dies leaving widow and appointing nephew executor. Widow has dementia. No Ward of Court appointed.
Can the nephew serve the notification of election of Legal Right Share on the widow? What happens after the 6 month time limit if widow doesn't elect?

Thanks
 
Can the notice be at all effective if widow has dementia? Shouldn't widow be made a Ward of Court now? It is cumbersome but I would have thought absolutely necessary if the estate of her late husband can be dealt with at all.

mf
 
Hi mf1

I know but is it the obligation of the Solcitor acting for the Executor to do this when the same Solicitor does not act for the widow per se?
 
The solicitors have no obligations to do anything other than to advise and take instructions- its for the executor/family to decide what they will do.

I think there is not enough information here. I do not believe that the executor can be said to have informed the widow of her legal right share when he knows that she has dementia.

I suggest a family conference to decide what to do. Executorship can be a most onerous responsibility.

Of course executor could just choose to ignore dementia, serve notice and then do whatever is easiest. I do not recommend this course of action.

mf

mf
 
Hi Vanilla

I'm an Apprentice Solicitor. It's an actual case and i'm trying to impress the boss!
 
Fair enough.

Well then,the solicitor acting for the executor is not obliged to act for the widow in having her appointed a ward of court. However in the circumstances I would think that whoever is appointed as committee for the widow will almost certainly have to claim the legal right share so there is unlikely to be a conflict between the committee and the executor, therefore I suppose that solicitor could deal with it if the widow doesn't already have a solicitor on record.

What do you think? Is there a possibility of a conflict of interest here?
 
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