Will / Executor Question

W

werner

Registered User
Messages
199
A relative attempted to have his siblings waive their rights to a property prior to his demise. All siblings agreed bar one. A verbal agreement was then made that when the individual died and the property sold the person who refused to waive their rights would be apportioned the value of their share.

Relative has since died and there is no mention in their will of the verbal agreement. Apart from the moral implication is their any **** legal **** onus on the executor to apportion the share? Are there grounds for the individual looking for their share to take a worthwhile action.

Werner
 
A. Talk to a solicitor.
B. If they have an interest and they did not waive their share then are they not still entitled to their share?

Its impossible to give any worthwhile pointers without sufficient information.

mf
 
AFAIK the executer is legaly obliged to carry out the terms of the will and isn't able to change anything. S/he is legally barred from distributing the estate in any way except how it is laid out in the will.

Is there any evidence of the verbal agreement? Did this sibling sign something to waive their rights to this property? Did the other siblings sign anything?
 
Solicitor etc is being spoken too.

Thank you for the replies

The Will does not mention the sibling in question. Only a verbal agreement was made that the individual would get their share.

What grounds do they have for contesting a will that ignores them. They will claim that there was a verbal agreement that they would receive their share.
 
I don't get it. If they own/are entiteld to something and have not waived their interest, they get their share. If they did not own something, have no rights to it etc.,etc then a verbal agreement to be given something is probably not worth anything.

In the end, if there is general agreement, why not do what the testator intended? Even if it is not expressly clear?

mf
 
You must log in or register to reply here.
Back
Top