Some frequently asked questions on probate practice and law:

• Can I pay out sums for moral obligations owed by the deceased?

• Can I pay out sums for moral obligations owed by the deceased? In the executor's oath you promise to administer the estate according to the will, and on an intestacy, according to the rules set down in law. It is often the case that an executor knows that the deceased would have wanted this or that payment to be made, but that is not provided for in the will, or in the intestacy rules, and it is not strictly a legal debt. In such cases the executor must act in accordance with the rules as set down. He can not make such payments as of right. Nevertheless, he can do so if those from whose share that payment is to be deducted agree. Where such a beneficiary is under age, he cannot safely give consent. Similarly, the executor will have to satisfy himself that he will still have enough to pay any debts in the estate after paying out the amounts he chooses to.
  The principle is simple. You are free to make a will, and free to change it. A will is designed to be the sole and only indication of your last wishes. Therefore, the law is most reluctant to allow any other consideration to add any gloss to the will.