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Deceased's sister was named as Executor in a will but his widow seems to have usurped the role: What obligations does sister have in fulfilling her role as Executor and who should she speak to about this?

My mother in law was named as a executor to her brothers will. When he died his widow had the will and my mother in law has never seen it. She feels that she should be distributing the will as her brother intended but is unable to. Her sister in law (brothers widow) has asked my mother in law for details and her national insurance number so that she can give the details to the solicitor looking after the widow's affairs. What obligations does my mother in law have in fulfilling her role as executor and should she be demanding a copy of her brothers will or at least the name of the solicitors dealing with it? She feels that there are things in the will that are not being carried out to her brother's wishes.

The Executor named in the Will has, as you rightly say, responsibilities regarding the administration of the estate.

Is your mother-in-law absolutely certain that she is the Executor, or is there a possibility that a new Will/Codicil was executed appointing another Executor?

If not, then it would be a good idea to request the name of the Solicitor acting, and to only give personal information such as NI numbers to the Solicitor. A National Insurance number is often required to apply for arrears of pension. 

If the widow is assuming the role of Executor and, if the Will has to go to Probate (because of the value of the estate or the nature of its assets), then the Grant will only be issued to the Executor named in the Will, unless they have stood down - and your mother-in-law would be aware of this because she would need to sign a Deed of Renunciation in order to do this.

Please come back to us if you need further legal help with this, or if you have any other legal matter we can assist you with.

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by Conrad Murray last modified 2008-04-30 09:11

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