Legal Right Share

Steve00

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Is a spouse’s legal right share absolute even if it a) directly contradicts the dead person’s wishes in their last Will & Testament b) a previous Will & separate correspondence to family members/beneficiaries clearly outlines their intentions/wishes. Is there any potential legal recourse to dis-satisfied beneficiaries in such a scenario which is likely to be successful.

If an Executor finds himself in such a scenario after the Probate application has been made before it’s granted & decides he/she has no option but to remove themselves from the Will/settlement of the Estate process how can/will the process be finalised ?. I am told that some sort of High Court process will be necessary to permit a new Executor to be appointed (if one can be found). Is this likely to be a process which is/becomes public knowledge ?
 
Is a spouse’s legal right share absolute even if it a) directly contradicts the dead person’s wishes in their last Will & Testament b) a previous Will & separate correspondence to family members/beneficiaries clearly outlines their intentions/wishes.
Sems to be, assuming that the surviving spouse has not renounced or given up their statutory rights in this regard?

The legal right share​

If you have left a will, and your spouse or civil partner has never renounced or given up their rights to your estate, then they are entitled to a legal right share of your estate. This legal right share is:
  • One-half of your estate if you do not have children
  • One-third of your estate if you do have children
Your spouse/civil partner does not have to go to court to get this share, as your executor must give this share where applicable.
Your executor must inform your spouse or civil partner in writing of their right to choose between these two options. Your spouse or civil partner must ask for their legal right share within 6 months of being notified, or within 12 months of the taking out of the Grant of Representation.

Where a legal right share does not apply​

Your spouse or civil partner can renounce (give up) their rights to the legal right share. This can be part of an agreement before marriage or civil partnership or the spouse or civil partner can give up their rights to benefit their children or other named beneficiaries.
 
IANAL

Q1. Yes, you cannot disinherit your spouse.

Q2. Others are welcome to try and contest the will, but should take their own legal advice on the cost & likelihood of success.

Q3. By and large, once you have agreed to act, being removed as executor requires a judicial ruling.

The exec can however easily appoint a solicitor to handle the entire business & direct all correspondence there.
 
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