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Distribution of funds

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Meadoway | 18:54 Sat 01st Oct 2011 | Civil
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Can anybody explain what happens when say ten friends are left £1000 but there is only £9000 in the kitty

Richard
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I'm no lawyer but the only solution I can see is for the £9000 to be shared between them- that's £900 each.
I'm assuming that there were no other beneficiaries and all the priority debts of the estate had been paid first, thu leaving only £9000. I'm also assuming all assets have been liquidated
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Factor 30

Yes that seems sensible. How about this one then. A house is left to one beneficiary and varous cash sums are left to friends. After expences there is no cash to dish out. Is that tough on the friends?

Richardd
I have no legal knowledge; this is just what seems common-sense to me.
I don't think that the executor of a will has a prime duty to be fair between beneficiaries; their first concern must be to see that the wishes of the deceased are followed. If somebody leaves a house to one person and sums of cash to others, the Law must assume that this is what they wanted even if it turns out that the sum is zero.
If someone writing a will, leaving various assets, wants to ensure that beneficiaries receive set proportions of the estate, they should arrange their affairs to do that, probably by stating that all assets should be sold and giving those proportions.
It is because of problems such as this that we are advised to seek professional advice when making a will.
As I said in your previous thread a lot depends on the exact wording of the Will, it could be that everybody gets what they have been bequeathed until you get to the last few people who get nothing or the ten friends share £9000 after the main beneficiary/ies have received their inheritance.
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Thank you all for your views

Richard

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