If you were me would you have a will ? - Page 3

 

"richard"  wrote


I don't understand the logic of that.  Surely the best people to execute a
will are the beneficiaries; they'll certainly keep the costs to a minimum.

I don't see any conflict of interests.

John.

 

  [ ... ]

You've obviously never seen a family that doesn't get along with each other.
That's where some of the absolute worst fighting over division of an estate
can occur. In those cases, an outside executor is a really good idea. Doesn't
always work, though; lawsuits against the executor or the estate are used
by unhappy inheritors quite frequently, trying to get what they want.


Gary

--
Gary Heston  gheston@hiwaay.net   http://www.thebreastcancersite.com/

"It's kind of hard to rally 'round a math class."
Paul "Bear" Bryant

 


"Gary Heston"  wrote


But one would assume that this would be taken into account when the will was
drawn up.  Under those circumstances I'd most definitely be ensuring that MY
wishes were made perfectly clear.

John.

 

John Turner wrote

That's where some of the absolute worst

drawn up.  Under those circumstances I'd

Sure, but not everyone can do that. He clearly didnt consider
what happens if they all die in the same accident etc.

Even just a very clear and unambiguous will does not ensure
that there wont be a legal shit fight over the distribution, if the
executor doesnt do exactly what the will says or one of the
beneficiarys like say the son in this situation decides that he
doesnt like what the will explicitly says and attempts to get
the legal system to deliver what he wants instead. Shit happens.

 

John Turner wrote

The most obvious potential conflict of interest is when the executor is just one
of the beneficiarys.

Not that I think that that is a good reason for them not to be a beneficiary,
particularly with a very simple estate like his where it makes sense to
minimise the capacity of 'professionals' to leech on the estate.