Mechanics of dealing with Executor

G

GlenGlasker

Registered User
Messages
16
My parents died in unfortunately quick succession and their most recent Will (made many years ago when I as youngest was under 18) appoints a distant cousin of theirs as both Guardian and Executor. Obviously I'm well over 18 so the Guardian element no longer applies but this distant cousin remains as Executor. There was a family falling out in the last few years so we have little contact with them, they didn't come to either funeral etc. I don't think they're aware that they are nominated as Executor of my parents' estate.

My brother and I are new to the world of Wills and Executors and ideally we don't want this person to execute anything but respect what the Will says and the limitations that brings. The estate is pretty straightforward - 50/50 split of everything and as I helped my Mum with all the administration after my Dad died, I know where everything is in terms of accounts, assets, liabilities etc. I also plan to buy my brother's half of the family home.

My two questions are: 1) Is there a way for the estate to be processed without the appointed Executor being the actual Executor? [either them voluntarily saying they don't want to do it or some way of removing them?] and 2) If the nominated Executor does proceed is the contact between us and them or my parents' solicitors and them?

As yet we haven't notified the solicitors of my Mum's death but we do have copies of the Will here outlining who is appointed as Executor.
 
As yet we haven't notified the solicitors of my Mum's death but we do have copies of the Will here outlining who is appointed as Executor.[/QUOTE]

I'm not a solicitor. You need a solicitor to advise you, so you should not delay in making contact with your parents solicitor. It's possible that the copy of the Will you have has been superceded by a revised Will so get yourselves into the family solicitor for an official reading of the Will held by them. Try to get as much advice from the solicitor at that meeting re any concerns you have. Also, get a quotation from them for handling the Probate application and get them to confirm if they have the Title Deeds or not. If the person you believe to be the executor is in fact the executor then you might find that they will be happy to renounce, but you'll need a solicitor to handle this IMO.
 
No prosper, this is incorrect. The siblings will need to contact the family solicitor with the death certificate. From then on the solicitor will only be in contact with the executor, who may choose to use that solicitor, a different solicitor or none to assist and advise. The beneficiaries have no role to play and their only point of contact is the executor. Any solicitor appointed by the executor represents the estate, not the beneficiaries.

If the nominated executor, the distant cousin, declines the role, the siblings may undertake the administration of the estate.
 
mathepac said:
No prosper, this is incorrect. The siblings will need to contact the family solicitor with the death certificate. From then on the solicitor will only be in contact with the executor, who may choose to use that solicitor, a different solicitor or none to assist and advise. The beneficiaries have no role to play and their only point of contact is the executor. Any solicitor appointed by the executor represents the estate, not the beneficiaries.

If the nominated executor, the distant cousin, declines the role, the siblings may undertake the administration of the estate.
Click to expand...

I assumed the OP would have the Death Cert when visiting the solicitor for a reading of the Will. Can a Will not be read to the beneficiaries without the executor being present?
 
This "reading of the will" is a nonsense from films and TV. Presentation of the death cert triggers a search for a will and if such is found in the solicitors' office, contacting the named executor.
 
From my limited experience of being an executor once, you can swerve your cousin for a lot of it but he will be required. What you can do is get your parents affairs in order; list of bank accounts, outstanding bills etc. Go to a solicitor with the death cert and the list of assets and bills, tell them the situation and let the solicitor contact your cousin. Then see how it plays out.


Steven
http://www.bluewaterfp.ie (www.bluewaterfp.ie)
 
Firstly, my sympathies to OP on a double blow like this.

Generally, there seems to be some misapprehension about executors. They are not an optional extra. They are a mandatory obligation once they have been named in the last will as being the executors. Any attempt by any other party to admit the will to probate should be picked up and challenged by the Probate Office for the obvious reason that the applicant's and the executor's identities would be different. In general terms, if you are not the executor you lack legal authority to act as such in relation to the probate process.

I note what OP says about guardianship. However, be careful to check that there has not been a separate trust created for any reason other than minority status e.g Beneficiary Bernard's bequest is to be held in trust until he attains 25 years of age and second cousin Tommy Trustee shall be the trustee over that. This is highly unlikely and should be instantly obvious if you have a true copy of the last will.

As others have pointed out there are mechanisms for dealing with the various matters arising but it is better dealt with by a solicitor who knows the territory as this could become very messy in short order. BTW you do not have to retain the solicitor who executed the last will. Be sure to get a Section 68 letter from any solicitor before instructing them. A S 68 letter relates to estimated likely costs of the work involved but cannot always be definitive if the issues become complex.

Best of luck.
 
Last edited:
mathepac said:
This "reading of the will" is a nonsense from films and TV. Presentation of the death cert triggers a search for a will and if such is found in the solicitors' office, contacting the named executor.
Click to expand...

I'm absolutely positive that the reading of a will is not a nonsense - nor is is confined to films or TV presentations.

Everything And everyone has a price.


Marion
 
I suppose the fact that I was present at one such reading -word for word by a solicitor - would have been a helpful disclosure.

Marion
 
GlenGlasker said:
As yet we haven't notified the solicitors of my Mum's death but we do have copies of the Will here outlining who is appointed as Executor.
Click to expand...

GlenGlasker - did you go to the family solicitor and how did you get on? Did they read those parts of the Will in their possession that relate to you and ditto for your brother? Did they give you the nod that the Will in their possession is identical to the copy you have? If so then have they contacted the Executor to sound them out as to whether the Executor wishes to renounce or not?
 
Nothing to prevent there being a 'reading of a will', if the Executor directs. Doesn't normally happen though.
 
Prosper said:
GlenGlasker - did you go to the family solicitor and how did you get on? Did they read those parts of the Will in their possession that relate to you and ditto for your brother? Did they give you the nod that the Will in their possession is identical to the copy you have? If so then have they contacted the Executor to sound them out as to whether the Executor wishes to renounce or not?
Click to expand...

I'm back! Family solicitor was helpful and though they wouldn't release the Will to me (as they had yet to engage with the Executor) they did confirm the distribution of assets is as per the copy of the Will we already have. They dealt directly with the Executor and confirmed to us that contact was made. We then made contact with the Executor and they agreed to renounce their role.
 
Congrats GlenGasker - great that the solr confirmed Will matched up with the copy you had and was prepared to give you this information without the Executor being present. Great also that the solr appears to have prepared the ground for the Executor to renounce. You were fortunate to have a good pragmatic family solr. who had your interests at heart. This unfortunately wasn't my experience. BTW have you located the Title Deeds for the family home?
 
You must log in or register to reply here.
Back
Top