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What are the rules about appointing Executors to wills and how can I find out who the beneficiaries are?
My grandfather passed away 2 weeks ago, and he had left a will with a neighbour. My uncle (my grandad's son, but not by blood) has assumed the role of executor, but has not told any other members of the family if they have been mentioned in the will. Is there any way that we can get the information from him? The reason for asking is that my mum (my grandad's daughter) also passed away 3 weeks ago, and her estate has been left in a lot of debt.
I am sorry to hear about the recent deaths in your family.
If the Will appoints an Executor, only that person can act as Executor, unless they renounce (i.e. formally stand down) in which case any substitute Executor named in the Will can act. If no Executor is appointed in the Will then there is a strict set of rules which says who is entitled to act. Therefore, nobody can just assume the role - it must come from the Will or the rules. If you need guidance on what these are come back to me.
If the Will is sent to probate then it becomes a public document and you will be able to obtain a copy through your local Probate registry (you should be able to find the number on the internet or in the 'phone book). A beneficiary of a Will should be able to see a copy of the whole of it (if they are a residuary beneficiary) or the part which leaves a gift to them (if they are a legatee).
Express your concerns to your uncle and hopefully it will be resolved amicably.
Please come back to us if you need legal help with this, or if you have any other legal matter we can assist you with.
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