SA Will - Can We Distribute Deceased Estate Equally?

[Russell Hammond]

Hi,

As 2 executors of will to our father's will, we are concerned that 1 sibling is possibly left out of an equal share of the deceased estate (that sibling will get less). As executors of will, are we legally able to distribute the deceased estate equally to all siblings even if that isn't father's will? Obviously, that would mean less for the other siblings but we believe that it would be the best road to travel.

 

[winston wolf]

Short answer, no.

As executor you must act as the testator instructed in the will. If the will is contested, you can (with the court's approval) vary the distribution if somebody has not been provided for.

Of course, the easiest way is for the people who have received the greater share to gift an amount to the one given less after distribution. That's their choice.

 

[Russell Hammond]

Hi Winston

We thought as much but understand from what you said that only if contested & with the court's approval.

The option of giving a gift afterwards makes sense but, unfortunately, feelings will be hurt. Not the first time in history I'm sure.

Appreciate your response to my question, thanks