as executor of a will, i have distributed funds ~ what do i do if a new will is found?

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stessheaduk
S As executor of a will, I have distributed funds, what should I do if another will comes to light?
I am the executor of the will of my late step mother who passed away in Jan. The will has been logged with probate, I have gathered in all assets, paid the inheritance tax and distributed money to beneficiaries. I have kept accounts and done everything in accordance with the law. my fellow executor is not a beneficiary & has been difficult. He says there must be another will, & a few months ago he said another will was logged with a solicitor. I phoned the solicitor & found it was an old will that had been cancelled. The other executor is now saying another will has come to light, that leaves nothing to the current beneficiaries. He has not given me a copy of the will or shown me any proof. Naturally, this is very distresing to the existing beneficiaries, and to myself.

Please can anyone tell me what I should do if he produces a new will. Would the beneficiaries have to return their bequests and/or would I be liable? I am vworried he will forge one as he seems so bitter

Answer 1

Probate is always subject to the possibility of a more currrent will being found. YOu can dispute it if you beleive it is not current. If money has been paid out to people not entitled, it will need to be repaid by someone

Answer 2

It is a common thing for more than one will to present itself after disposition of assets to beneficiaries.

Ironically under the Wills Act 1837 it is not a requirement for a will to be dated in order to be legal valid! This can obviously lead to problems because it 2 wills come to light which is the original. Anyone who has a will created by someone in professional capacity ensures the destruction of the old will. This ensures the problem never arises.

Take a look at the will when it is presented to you. Is the will dated? If the wills are dated then the one with the later date, assuming it has met the requirements for validity - e.g witnesses, sound state of mind etc. is the valid one (or one would assume).

Even if the wills are not dated if done by a third party - e.g solicitor, probate practioner they should have details of when the wil was made or the date of completion - this would act as prove.

An executor of any will can be held liable in an action in negligence (as they are a "duty of care" to the beneficiaries) and also fraud. However, fraud would not be an issue because they would have to show "dishonesty". This is clearly not the case as a legitimate mistake MAY have been made - assuming the wills do contradict one another.

You could not be held liable in negligence as you have done everything a "reasonable" executor of a will would do. The fact that another will has presented itself in the meantime is not your fault!

I AM GUESSING AT THIS ONE - please seek further advice!

As regards the beneficiaries if a mistake has been made then I see no other reason why the bequests would not be returned. Holding onto property to which one is not entitled opens a person up to Theft (Theft Act 1968) and civil actions in tort (conversion, interference with Goods etc.) After all if they were not the people entitled to the bequests is it equitable they should hold onto them?

Ever heard that "possession is 9/10ths of the law". If title to the property now vests in the beneficiaries it would be impossible to legally get back unless they gave their approval. I find this highly unlikely but it is worth looking into!

Answer 3

Until he coughs up this "other will" there is nothing you can do. Even then, he will have to move to the courts to have your executorship revoked and the new will probated. (Lemme guess in this will he is saying he is sole beneficiary and executor!) Even after he does all this, he would have to get the existing beneficiaries to agree to return the money they were paid, and ha! good luck there.

You wouldn't be liable for distributing the money, you were acting in good faith that this was the current will, and he did not file anything preemptively saying he was challenging the will so you acted in accordance with your duties as executor.

Answer 4

If you have acted in good faith and transparently as far as your fellow executor is concerned, then he will be liable along with you, as you were both under a duty to make diligent enquiry to check that this was the last will and testament of your stepmother. If your stepmother ever gave any indication that this was the one, then you might reasonably have acted on that understanding. If this will was consistent with the old one kept by the solicitor and if there was no suggestion of a family quarrel which might have caused your stepmother to change her mind, then it would indeed be strange for her to make a completely different type of will leaving nothing to the current beneficiaries. It sounds as though the fellow executor is trying to upset you. If he had any proof, he would surely delight in waving it in your face just to prove his point, wouldn't he? It isn't quite so easy to forge a will as one might think, as it would be necessary to produce forgeries of witnesses' signatures or else have co-conspirators prepared to testify that they indeed witnessed your stepmother's signature.

Answer 5

Since he was your co-executor - there should be no difficulty (the will you executed was indeed logged with the probate office and executed by you in good faith, with the co-executor's blessing, yes?).

Don't wait until he produces. Get an attorney - are there any funds left to pay one in the estate (you can charge the fees back). If the co-executor had wished to contest the will, he should have done so before all distributions had been made.

Does he have a reasonable grievance in this matter?

Answer 6

You seem to be in the poo poo get a good lawyer on the legal aid green form ffor a consultation only for the moment. .

However your co-executor must either put up or shut up.I have a feeling that there is no other valid will

Answer 7

In England, it's called THE LAST WILL AND TESTEMENT. That means exactly what it says, with emphasis on the word LAST.

If an earlier will is found, with a date which is earlier than the one which you have been working with as executor, then you are right to continue as you are.

If you continue to have problems, consult with a solicitor who specialises in wills and probate etc.

Answer 8

I'm an estate lawyer in the US. It sounds like you are in another jurisdiction. But where I am, if you are going to claim that another will exists, you have to produce it and prove not only its validity but that it was signed later than any other will. So if he comes up with something, then you'll have to deal with it; but if not, then he is just blowing smoke.

Answer 9

I think the will with the latest date would supersede the first will if it is made out properly by the right person. Check with an attorney.