Advice reqd. Executor of will and non co-operative relative

[RogerM]

Don't confuse being beneficiary with being executor. My understanding is that you can name anyone you like, usually with their agreement, to be executor. The executors role is just to ensure that the estate is distributed in accordance with the terms of the will, and the family cannot challenge the selection of executor except under the most extraordinary circumstances. Whether you choose to do the work yourself or farm it out to a solicitor, charging the estate, is entirely up to you. If the estate is simple (i.e. no property and cash/savings) then it's a simple matter to do it yourself. If there are any trusts involved then it's a different matter.

If the daughter is concealing a will, or if she is trying to circumvent a valid will, then she is committing an offence. There is plenty of info on the web. The family may be able to contest the will if the estate is being left to others, but there is no right in the UK for offspring to inherit from parents. For example, one of my aunts married for the first time in her late 40s. She owned her home outright and lived there with her son. Her husband was 15 years older than her and she was persuaded to make a will in favour of her husband. When she died suddenly in her mid 50s everything went to the husband, who sold the bungalow and disappeared with everything - including all her personal family stuff. Her son, who by that time had moved out and got married himself, got absolutely nothing.

 

[RossJarvis]

Mike S Who the hell is that in your Avi???

No idea - received a copy of the image in an email and it made me smile :lol:

and here's me been thinking that was Mike S himself all these months :shock:

 

[Graham Orm]

Update, have located solicitor and undertaker. All seems to be above board. Thanks for all the input guys, no doubt I'll be back if there's any drama.

 

[grahampearce]

Simple answer, If you were personally asked to be the executor of the will you will have been required to signed something regards accepting this task. If you did not then you are not an executor.

The likely executor of the will, will likely be the solicitors holding the will.

Regardless, a significant beneficiary of the will can overturn this and appoint a new executor and a new solicitor, or indeed execute the will themselves, assuming other significant beneficiaries concur.

A MINEFIELD............. ;-)

 

[Graham Orm]

Hi Graham, I didn't sign anything, but have had several conversations with the solicitor who confirms that myself and one other are executors.

 

[Graham Orm]

My bad back and myself are driving the length of the country on Thirsday to change the locks and make the house secure and go through personal effects. There will be some resistance from the 'black sheep' family member. This should be fun, wish me luck. I'm acting on the solicitors advice as I as executor have a responsibility and potential liability if I don't act.

EDIT: Did I really write Thirsday? :roll:

 

[RossJarvis]

Good luck, make sure you take adequate rest breaks, adjust the mirrors and seat etc and take v good care of your back.

 

[MARK.B.]

Not wishing to appear tight but do remember that if you incur expenses carrying out your duties as an executor then you are entitled to claim these back from your friends estate .Fuel / Food / accommodation etc can all be claimed for and as you will have a fair bit of travel with possible overnight (or maybe longer) this can add up to fair bit of money.

 

[Graham Orm]

Thanks guys, yes I did know that Mark. I'll be staying at least one night.

 

[Graham Orm]

Yesterday I tried ringing Nat West to make an appointment to discuss my late friends estate. Luckily I bank with them too which I thought might make things a little easier, although at the opposite end of the country.
The phone system is.......well pathetic is all I can think of but that doesn't really cover it. A recording tells you that you are in a 10 minute queue, 15 minutes later you hang up and try later only to go through the same thing.
I queued for a parking space and went in the branch on spec, obviously it was out of the question to hope to be seen by someone. I was told to call back today at 10.30. I trundled along and queued for parking again. Walked in at 10.27 and was asked to wait. 20 Minutes later I was told there was no one available to see me and could I try calling back sometime this afternoon!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
The messenger (who looked petrified, quite rightly so), has my number and will ring me when someone is free!!!!!

Is it just me? ](*,)

 

[RossJarvis]

Is it just me? ](*,)

I doubt it, I also have discovered most things in this country don't work/do what they say/have any real value. If you were able to get through on the phone, someone might actually have to do something, possibly even be helpful, so it's not in their interests to have working phone services. Often these organisations feel the fewer complaints they get, the better they are, if you could actually get through on the phone to complain they may have to do something....etc.etc.etc. It's a bank, all it wants is your money (or someone else's). Don't confuse them with something that wants to listen/care/give a service...whatever.

hope the back's getting better

Ross (AKA: bitter and twisted old git)

 

[Graham Orm]

Thanks Ross, it's much the same, but that's another story!

I went to the bank at the new appointment time and met with the Manager, who was apologetic. He said that the phone system is all internet based now and is frankly a waste of time. A lot of Managers have bought pay as you go mobiles and given the number out to customers, he gave me his email and said he would ring me immediately upon request.

 

[RossJarvis]

Hopefully you've come across one of the ones who still believes in and knows how to give a service. They are still out there, just not many left.

 

[Lons]

Thanks Ross, it's much the same, but that's another story!

I went to the bank at the new appointment time and met with the Manager, who was apologetic. He said that the phone system is all internet based now and is frankly a waste of time. A lot of Managers have bought pay as you go mobiles and given the number out to customers, he gave me his email and said he would ring me immediately upon request.

Takes me back.

When I wanted a mortgage for this house 26 years ago I was actively targeted by my local Barclays who discovered I'd previously used a building society. The house needed a lot of work and the manager came out personally, had a quick look, took me to lunch and offered me the funds on the spot. He already knew my financial history of course from the branch records. He visited again 3 months later to see how I'd got on with the work and buy more food . In reality he was probably just using up his quota of lunches or wanted a nice run out of the office :wink:

Difficult these days to see a branch manager and they're only figureheads anyway who can't make many decisions without approval. That's from the horses mouth as I play golf occasionally with a recently retired manager.

Bob

 

[Graham Orm]

Thanks Ross, it's much the same, but that's another story!

I went to the bank at the new appointment time and met with the Manager, who was apologetic. He said that the phone system is all internet based now and is frankly a waste of time. A lot of Managers have bought pay as you go mobiles and given the number out to customers, he gave me his email and said he would ring me immediately upon request.

Takes me back.

When I wanted a mortgage for this house 26 years ago I was actively targeted by my local Barclays who discovered I'd previously used a building society. The house needed a lot of work and the manager came out personally, had a quick look, took me to lunch and offered me the funds on the spot. He already knew my financial history of course from the branch records. He visited again 3 months later to see how I'd got on with the work and buy more food . In reality he was probably just using up his quota of lunches or wanted a nice run out of the office :wink:

Difficult these days to see a branch manager and they're only figureheads anyway who can't make many decisions without approval. That's from the horses mouth as I play golf occasionally with a recently retired manager.

Bob

I became good friends with my business manager at the RBS years ago. He got sick of increasing ever impossible work loads and politics within the company, and walked out. He drives a delivery van now and says it was the best move he ever made!