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Do I need to Read will in front of family members?

  • 24-01-2014 4:47pm
    #1
    Registered Users, Registered Users 2 Posts: 210 ✭✭


    hi
    I'm executor of my late Uncle's will.

    He left his estate to 3 of his sisters. Two other siblings were left out of the will.

    Is there an obligation on me to 'read' the will to all siblings?

    Thanks in advance for all advice.


Comments

  • Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    I don't believe that there is any obligation to involve non beneficiaries. The will is a public document and they can source it if they feel there is a discrepancy.


  • Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Santa Cruz wrote: »
    I don't believe that there is any obligation to involve non beneficiaries.

    +1 It's good material for films and stage dramas but I don't believe the executor has to hold any kind of formal reading.
    Santa Cruz wrote: »
    The will is a public document and they can source it if they feel there is a discrepancy.

    But I'd suggest the OP makes a copy of the will and sends it to those people if they had a reasonable expectation that they'd be included as beneficiaries. Better that they know as early as possible that they're getting nothing. Let them then deal with that fact, otherwise unfulfilled expectation might turn into litigation.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    This used to be a custom, but not common now. I do believe that all family whether or not they benefit under the will should get a copy as soon as the executor agrees. Children left out of a will may accept that more readily if they can be given a copy

    One tip from experience: - if there is going to be a family meeting to discuss matters arising. insist that only those directly concerned attend - i.e. exclude spouses/partners/children ( especially the guy who is as far as First Law and wants to give the Probate Lecture ) . Emotions are raw just after a death. Be careful,

    Beware of the daughter home from the States who could never be there when the deceased was ill but now wants everything sorted before her flight back on Tuesday


  • Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    nuac wrote: »
    This used to be a custom, but not common now. I do believe that all family whether or not they benefit under the will should get a copy as soon as the executor agrees. Children left out of a will may accept that more readily if they can be given a copy

    One tip from experience: - if there is going to be a family meeting to discuss matters arising. insist that only those directly concerned attend - i.e. exclude spouses/partners/children ( especially the guy who is as far as First Law and wants to give the Probate Lecture ) . Emotions are raw just after a death. Be careful,

    Beware of the daughter home from the States who could never be there when the deceased was ill but now wants everything sorted before her flight back on Tuesday

    Excellent advice. On the three occasions we had to deal with a will issue in the family it was the person who married in to the family that was causing all the problems, poisoning their spouse against the other family members.
    When one threatened legal action we met it head on and made it very clear that all legal costs would be sought from her.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Santa Cruz wrote: »
    Excellent advice. On the three occasions we had to deal with a will issue in the family it was the person who married in to the family that was causing all the problems, poisoning their spouse against the other family members.
    When one threatened legal action we met it head on and made it very clear that all legal costs would be sought from her.

    Thanks

    The trouble about a challenge to a will is that even if it fails the court can rule that the action was justified and award costs out of the estate.

    There is a cynical lawyers' saying that the assets should not be frittered away on the beneficiaries. If such disputes cannot be nipped in the bud and sorted the litigation can develope an expensive life of it's own and cause bitterness for generations.


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