Responsibilities of an executor

Shelby219 said:

Sorry to keep asking questions, just like to be prepared, so if the executors say they are not going to send the will forward until the beneficiaries agree to the debt being paid or unless we reached a compromise with them, the will can be left indefinitely , with the only other alternative being to get them removed, which as you say is an expensive process? And then they could challenge the will if they were no longer executors,( that also comes out of the estate)

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Yes. The will can be left indefinitely by the executors unless some third party brings proceedings to compel them to act or have them removed and replaced.

If they’re replaced as executors, they can put a claim in with the new Administrators for the debt they say is due. If that ends up being contested, the result is that it ends up before the court and the costs likely to come from the estate.

Thanks Johnny 75 for all the info

It sounds like the executors have a conflict of interest.

DeeKie said:

It sounds like the executors have a conflict of interest.

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It does indeed Deekie! But are executors qua executors bound by the same standards as for example, Solicitor Executors or Accountant Executors? Possibly not.

From distant recollection there’s case law on the duty of care owed and the obligation to not prioritise self interest. Not my area though

I am a senior citizen.I have friends who were appointed executors and they found the process quite difficult and stressfull for lay people and certainly they would not wish to have to do it again.Does anyone think that it would be a good idea to nominate e,g,a professional person as my executor or a solicitor or my bank. etc.to be the executor.I am considering this strongly as i have observed quite a bit of family conflict in this process when friends have passed.["Where there is a will there is a relative"].For example if the estate is was around 400k and there were quite a few nieces and nephews who might be inheritors.Any suggestions would be welcome. Thanks.

DK123 said:

I am a senior citizen.I have friends who were appointed executors and they found the process quite difficult and stressfull for lay people and certainly they would not wish to have to do it again.Does anyone think that it would be a good idea to nominate e,g,a professional person as my executor or a solicitor or my bank. etc.to be the executor.I am considering this strongly as i have observed quite a bit of family conflict in this process when friends have passed.["Where there is a will there is a relative"].For example if the estate is was around 400k and there were quite a few nieces and nephews who might be inheritors.Any suggestions

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I am a solicitor and my policy is to always refuse to be an executor. I think many solicitors today take the same position.

You can considerably reduce the scope for conflict by careful drafting of your will. Just a hypothetical example - let's say you had been thinking of splitting that 400k among 20 nephews and nieces; Instead, leave 17k each, or a shade more, to 18 of them and leave the residue to the two who are best suited to being executors and who you like best. 18 fixed entitlements = 18 fewer opinions to take into account ( do just make sure there is a surplus for the residuary beneficiaries)