Legal Right Share

Steve00

Registered User
Messages
26
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 ?
 
Sems to be, assuming that the surviving spouse has not renounced or given up their statutory rights in this regard?
 
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.