# Executor of will problem



## money man (3 Jan 2007)

Hello everyone and happy new year. A friend of mine is likely to come into a substantial inheritance in the next few years ( hopefully a while away ) from distant relative. The problem is that the executor of the will is my friends ex-husband (whom she has just recently seperated). Could this give rise to potential mis-appropraitions ?! or a conflict of interest/duty?

I know its probably a fairly unique situation. any advice appreciated


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## Vanilla (4 Jan 2007)

Executors have onerous duties to safeguard beneficiaries interests and to act relatively promptly. However despite these duties one can come across rogue executors who can distress beneficiaries, mainly due to delay and of course it is always possible for them to attempt fraud. There are remedies for either possibility however they entail court actions which will ultimately reduce the amount for distribution as quite often costs come out of the estate. Is it now possible for this relative to make a new will naming perhaps your friend as the executor instead of her husband? That would be the best solution. If this is too delicate she will simply have to keep a close eye on the situation in the event of her relative dying.


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## money man (4 Jan 2007)

Not really possible to do that. Would it not be better if executors of wills were solicitors/independent professionals?
Is this the way in most cases? I think it should be always someone independent because it creates problems.


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## Vanilla (4 Jan 2007)

Sometimes solicitors ARE named executors. It's up to the individual making their will to appoint whoever they want. The only disadvantage is that you cannot then move the will to another solicitors office for example for a more efficient service or more competitive fees.


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