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The Executor has read and divulged the contents of a Will to beneficiaries while the testator still lives. What should we do?
Wiki User
∙ 14y ago
That is an inexcusable breach of confidentiality. The breach should be reported to the testator so she/he may have the option to amend the will and name a new executor. In fact, the testator should name a new executor since that one has proven by their actions they are not trustworthy.
The beneficiaries should know that a will can be changed by the testator at any time prior to their death and doesn't become effective until the testator has died and the will has been submitted for probate and allowed. If the will has not been changed at the time of death to name a new executor, objections should be made to the appointment of that executor and someone else should petition to be appointed. The evidence that the named executor breached the confidentiality of the testator by revealing the contents of the will should be brought forth at that time as evidence that they cannot be trusted.
Wiki User
∙ 14y ago
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If an executor of a Will inform beneficiaries of the contents b4 the testator is deceased and this leads to pressure on the executor or on the other beneficiaries to do deals what does this mean?
The executor is breaching their duties. They have no control over the estate prior to the testator's death.
What can beneficiaries of a will to do if the executor of the estate refuses to reveal the contents?
Assuming the testator of the will is deceased, the person's having need to know may file a request with the probate court for a copy of the Will. If the testator is not deceased, only they can make the contents of the will known, the executor would be acting on the behalf of the testator in matters of confidentiality and could not reveal the terms.
Does executor know contents of will?
Generally, yes. The testator should make the whereabouts of their will known to the executor in the event of their death. If the testator has died the executor has the right to take possession of the will in order to submit it for probate. During that process they can read the will before it is made public.
Can a lawyer keep a will from someone?
Lawyers have specific instructions and regulations regarding who they share the contents of the will with. After someone dies, the contents are shared with the beneficiaries and interested parties only. The above answer is correct, so here are just a few details for which the answer was flagged: Before the testator dies a lawyer can keep a will from everyone except the testator if the testator wants it back. After the testator dies, a lawyer can keep a will from everyone except the named executor or other person who has the first obligation to probate the will. After the testator dies, a lawyer representing an executor can keep a will from everyone, even beneficiaries, if the executor directs the lawyer to not to give it out. The lawyer has to go by the client's directives, even though they may be misguided. The lawyer will tell the executor that it is the executor's obligation to give the will to beneficiaries; but it is the executor's obligation to give out the will. The lawyer does not act independently of the executor. Lastly, there is no "law" that specifies whether a lawyer can or cannot keep a will from someone. The above two answers are what I believe to be accurate interpretations of a lawyer's obligations on client confidentiality and scope of authority in representing a client.
When a new will is written does the previous executor have to be notified in writing by the testator?
There is no legal requirement for the testator to notify the previous executor in writing when creating a new will. However, it is recommended to inform the previous executor to avoid any confusion or potential challenges to the new will after the testator's passing.
Can an excutor of a will tell someone What is in the will before its told to everyone?
The executor has no right to see the will prior to the death of the testator. The testator may provide the named executor with an unsealed copy or allow the named executor to read the will but that would be entirely voluntary on the part of the testator.
How do you know if you are in someones will?
Typically, the person creating the will (the testator) will inform you if you are named as a beneficiary in their will. After their passing, the executor of the will is responsible for notifying beneficiaries of their inclusion. Additionally, you can inquire directly with the executor or the testator's attorney to find out if you are named in the will.
What is the procedure taken by an executor to negotiate with the beneficiaries of a will because some beneficiaries want a more fair deal according to them?
After the will has been allowed and the executor has been appointed by the court the executor is obligated by law to carry out the distribution as set forth in the will by the testator. The executor has no authority to change any provisions that were made by the testator unless that power was also granted in the will. There is no "procedure for negotiating" with beneficiaries who want a "more fair deal" than was provided by the testator. The executor needs to seek some advice from the attorney who is handling the estate. The executor needs a primer on their legal obligations and personal liability if they overstep their authority and decide to operate outside the probate laws.
Can the testator and executor be the same person?
No. The testator is the person who makes a Will.The executor is the person named in a Will as the person who will settle the estate according to the provisions in the Will after the death of the testator. The executor must submit the Will for probate and petition for appointment by the court.
What can you do if the executor of the will wants to change the will and the other two eirs do not want to change the will?
Only a testator can change her will while she is living. Once a testator has died, the provisions set forth in the will can only be modified by a judge. An executor named in the will has no authority until they have been appointed by a court. This named executor has shown they are dishonest. The other beneficiaries should submit the will for probate and petition to be appointed the executor. The court should be made aware of the named executors suggestion that the provisions in the will should be changed. That is a violation of law.
When an Executor edits his father's will for probate?
It is fraud. You cannot 'edit' a will once the testator has signed it. And amendment or codicil can be filed to change parts of the will, but they have to be done by the testator, not the executor.
Should the executor of an estate have a copy of the will prior to the persons death that he is executor to.?
No, it is not necessary or wise to distribute any copies of a will during the life of the testator. However, the executor should be informed of where the will can be found when the testator has died and the will must be probated.
