Body & Soul0 min ago
Missing bequest
We have just had the sad task of clearing a recently departed parents flat.Her solicitor who is also executor provided me with a copy of her will,in it she specified two items of jewelry to an old friend,however we cannot find any trace of one of the pieces.her will was made 5years ago and during that period her mental and physical health deteriorated,Am I responsible for this missing item ?
Her solicitor is on holiday at the moment,but I have written to him and explained the situation,
Any advice would be gratefully received.
Her solicitor is on holiday at the moment,but I have written to him and explained the situation,
Any advice would be gratefully received.
Answers
Best Answer
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For more on marking an answer as the "Best Answer", please visit our FAQ.It is the responsibility of the executor of the will to ensure that the estate is distributed as per the wishes of the deceased (as set out in the will). Where the bequest of a specific item (eg car, jewelry etc) is made – but at the time of the persons death, they no longer own the item – then it is hard luck on the person who was to inherit the item (they don’t get the item).
So the executor is likely to conclude that the deceased disposed of the item some time after having made their will. It is unlikely that anything further would come of this – unless the item of jewelry is very valuable. In such a situation, the executor should make every reasonable effort to locate the item (showing due diligence in acting as executor of the will).
So the executor is likely to conclude that the deceased disposed of the item some time after having made their will. It is unlikely that anything further would come of this – unless the item of jewelry is very valuable. In such a situation, the executor should make every reasonable effort to locate the item (showing due diligence in acting as executor of the will).
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