Executor behaviour.

It again beggars the question, why on earth does there exist such a thing in law as executor and beneficiary?
It causes countless problems.

Why not make both the same person.
 
It really would be worth your while to educate yourself better in this area.

If you have 6, 8 or even 10 beneficiaries how do you imagine it would work?

Being an executor requires actual (unpaid) *work*.
 
How long was your dad in a relationship with his new partner? How long were they living together?
 
If you are so convinced there is skull duggery afoot then off you go to England and employ a solicitor to put a stop to it. Whatever funds were in your fathers account at time of death must be accounted for before going to probate. The solicitor will have got statements from the banks stating the balance. Of course it is possible for an executor to hide an account and perhaps there is an account where your father gave the executor the right to sign for withdrawals. Also any cash could disappear that way also.
 
Thirsty said:
It really would be worth your while to educate yourself better in this area.

If you have 6, 8 or even 10 beneficiaries how do you imagine it would work?

Being an executor requires actual (unpaid) *work*.
Click to expand...
I'm thinking of it from his side too. He has no interest in it. He does not particularly want to do it, and it has already caused a rift.
My mother rang me yesterday saying she has not slept well for a week with the worry. I have not slept well myself. He doesn't want to do it, and we would love to look after our assets, that's why I wonder : couldn't the situation be easier. When it is over I will breathe a sigh of relief.
 

Ah ha, first time you've told us that. That they were together a long time. She must be grieving. And I bet she has some rights. Nowadays even in Ireland living together gives you rights.

I note that you've decided to travel over, to speed things up. Good luck with that. Not sure what that is going to achieve that a registered letter to the solicitor of the executor wouldn't achieve.
 
We are going in April. It is the earliest date that the solicitor could meet us.
 
nicole84 said:
Do you know how long on average probate takes? We have decided to go over and try and sort it out ourselves as otherwise I think it could drag on over a year
Click to expand...

This is nothing in terms of a probate where there is property to be disposed of, bank accounts to be sorted, probate to be granted, beneficiaries to deal with. Never mind a possible contestation. When did your father die?
 
What do you mean, 'aha the first time you've told us that'. I posted it the day that I heard it. That's quite a strange comment to make?
 

Oh dear, fighting talk. Sad. And very unwise. Never mind a foolish statement like not caring about every penny going on legal expenses. Do you think your father would agree with you? To fight his long term partner? Is this the right course of action.

Is the animosity being driven by your mother?
 
Bronte I'm not sure why you are so insistent that his girlfriend should get a share.
If you are so interested in what my father would want, why don't you respect what he put in his will. They were his wishes.
 
Do you think its right to speak so harshly to someone who lost her father two months ago?I
He was with his girlfriend a long a time, I presume they talked about what would happen when one of them passed away. He had a long time to change his will to include her. He didn't. He specifies it is all to be given to me and my brother.
The last time I saw him, he brought me to our childhood house and told me he was leaving it to me and my brother.
My brother has a disability and a carer. This would make a massive difference to his life.
That's why I was so upset when I heard she was thinking of challenging it, as I know what my father wanted.
 

Why is your mother worried, it's none of her business.

As for your uncle, apart from the 10K which is totally wrong, maybe he's doing it, the onorous job of executor because that is your father's wish. As written in his will. You have an issue with your father's wishes because they don't suit you. If I were your uncle, at this stage I'd say he's sorry he ever took the job on.
 
  • CV
    I see you're coming at this from your 'bitter executor ' side. You've stated before that you've been an executor and hated it, so maybe you should take that hat off before you comment biasedly on other peoples situations.
 
nicole84 said:
Do you think its right to speak so harshly to someone who lost her father two months ago?
Click to expand...

Nicole84 - I am sorry for your loss. Brief posts on message boards can often sound insensitive, particularly if we are already feeling emotionally distressed. However, I think the posters are all trying to be helpful. Your father stated his wishes in his will and he also appointed your uncle and aunt as executors - again, his wishes. It sounds like this is a nightmare situation for them now too.

At the risk of also sounding insensitive and/or patronising may I suggest that the best thing you can do at this time is to look after yourself physically and emotionally ? This will involve stepping back a bit, at least for a time. It does sound as if there is a lot of anger as well as grief floating around within the family. High emotions and calm decisions generally do not go well together. If necessary, would you consider counselling or talking with your GP ? It might be money better spent in the short term than on instructing solicitors. Of course you have to keep an eye on your your own and your brother's interests as well, but one can complement the other.
 
You also didn't comment on why you are adamant that his girlfriend is entitled to something, when he has expressed verbally and in his will to the contrary Bronte.
 
Thank you! A kind post on here makes all the difference. I felt in tears after some of them earlier today.
I think I will go for a walk and cool down. It is a hard situation for everyone and none of us are looking forward to the meeting with the solicitor next month, all have to be present. But it will have to be done.
 
I think Bronte is saying if your father and his girlfriend were together long enough, she may have legal entitlements, similar to a spouse, regardless of what the will states. I don't know the laws in the UK, but check if long term partners have any rights.
 
Its hard to put into words the feeling of someone thinking of challenging a will. It feels like them totally not caring about us.
That's why I said I'm beginning to not care about the outcome. I'm hurt she is thinking of doing it. But I feel no matter the outcome I know my father loved us and what he intended and that's more important to me than a year of fighting and stress.
 
Nicole,
My condolences on the death of your father.

I note that he died just two months ago per your post #72.

I also note in your original post that the house you and your brother inherited was rented.

Did your late father own more than one property?
 
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