Hello, I have been asked to help two executors who are concerned about finalising an Estate. Estate itself is very simple with just a property being split between five children, two of whom are also executors. One beneficiary has been ordered to pay backdated child maintenance payments to his ex wife in Australia, by the court.
Executors are worried about paying the money to the beneficiary. The beneficiary refuses to accept the money into their own account and wants the will varied so that the money enters a discretionary trust instead. Beneficiary is now pressuring the others to agree to this and has someone in place who has agreed it is a sensible course of action and will draft the variation and trust.
I understand that the trust would most likely be ineffective but am more worried from the executors point of view as to whether there could be any liability on their part. The situation with this being an Australian debt is something I have not come across and I wondered whether anyone has experience of this or could advise? Thank you in advance for any help - it is much appreciated.