executors' duties

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I have been left half of a relative's estate, the house has been sold and probate proved. I have now been told it will be a further 12 months before I receive my money. Is this normal practice? — by mariam — last modified 2008-08-20 13:38

I have been left one half of a relative's estate. Although there were some debts to be settled, the house has been sold and probate has been proved. I have been told by the Solicitor involved that it will now take a further 12 months before I am given the money from the estate. Is this normal practice or should I be concerned?

Does the Executor of a Will need approval of the estate accounts by all beneficiaries before paying the shares? — by mariam — last modified 2008-08-06 12:55

Does the Executor of a Will need approval of the estate accounts by all beneficiaries before paying the shares? If one beneficiary contests the value of the estate, can the others be paid?

When my mother died I was working overseas and reserved my power as Executor. I am now concerned with the way the estate is being handled so what is the process to get myself reinstated as an Executor? — by mariam — last modified 2008-08-06 11:57

When my mother died, I was working overseas so was advised by the family Solicitor to allow my sister to act as Executor and I reserved my power as Executor to make things easier. The Solicitor has now been dragging his heels for several years with regard to settling the estate and my sister has behaved in an underhand way regarding various things and isn't speaking to me now so I'm uneasy about the whole thing. What is the process to get myself reinstated as an Executor? I've made an appointment to see the Solicitor but would like to go in armed with some information so I know what to expect/query!

We believe the Executor of a Will has run off with the money. What can we do? — by mariam — last modified 2008-08-05 17:42

My fiancée has a 25% share in a Will, but the Executor has not contacted her and she is unable to trace him. It appears he has run off with the money, to put it crudely. Is this fraud in the eyes of the law? What can we do?

If the Executors named in a Will do not wish to perform these duties how do they formally renounce this and can they name someone else to act in their place? — by mariam — last modified 2008-08-05 12:19

My mother has died leaving a Will naming two people as Executors. Neither wishes to perform these duties. How do they formally renounce this and can they name my sister and myself to act in their place? The estate is worth around £12,000 and there is no property involved.

If there are two Executors to a Will, can one deal with everything without the other being involved? — by mariam — last modified 2008-07-19 02:48

If there are two Executors to a Will, can one deal with everything without the other being involved?

Can a person be an Executor of a Will if they reside outside the UK? — by mariam — last modified 2008-07-19 01:57

Can a person be an Executor of a Will of a person who dies a british citizen in the UK if they reside outside the UK?

My sister and I are Executors of our father's estate. My sister is applying for Grant of Probate in her sole name, will this affect my entitlement? — by mariam — last modified 2008-06-26 13:23

My father died in May 2008 and myself and my sister are Executors. My sister's solicitors have declared that my sister is applying for a Grant of Probate in her sole name " for the sake of convenience ". Will this have any effect upon myself, being a beneficiary? Will her sole name on the Grant of Probate affect my entitlement?

What does probate mean and what exactly does 'issue' mean? — by mariam — last modified 2008-06-24 10:57

What does probate mean and what exactly does 'issue' mean? A relative recently died and left a bequest in their will to my parents' 'issue'. Does this bequest go to the children of that 'issue', in this instance my brother and I? If my brother has children and I have children and those children have children - does the bequest in this instance mean all children or just me and my brother? Where and how can we get to see the Will?

I wish to leave my estate to the cats' home, how do I do this? — by mariam — last modified 2008-06-20 15:19

I wish to leave my estate to the cats' home. Can you advise how I do this?

Can the Executor of my Will also be one of my beneficiaries? — by mariam — last modified 2008-05-19 11:28

Can the Executor of my Will also be one of my beneficiaries?

I am trying to open an Executors' bank account but the interest rate offered is very poor. Can I open an account in my own name instead? — by mariam — last modified 2008-05-09 12:34

I am the Executor of my aunt's Will. I am trying to open an Executors' bank account and have found a few banks who will offer this type of account, but the interest rate they offer is very poor. Can I open an account in my own name which would give access to the complete range of personal bank accounts, all of which offer much higher rates? It seems sensible to me given that it still keeps the money for the Estate completely seperate from my own but means we can obtain higher interest which will benefit the Beneficeries.

Will leaves money in trust to children: can the executors be held responsible for trust mismanagement and if so can the Trustee role be passed to the children's parents? — by Conrad Murray — last modified 2008-05-03 10:08

My question is about Trust management. I am one of two executors to the estate of a family friend who died leaving a Will. The main beneficiaries of the estate are children, some of which are under the age of 18. The conditions of the Will state that the share of any person under 18 will be held in trust until they attain the age of 18. The Will also appoints the executors (e.g, me !) as trustees. Estate administration is complete and a financial statement has been sent for approval to beneficiaries or their legal guardians. I and the other executor have no family or personal ties to many of the beneficiaries and would like to pass trust responsibility to the parents of those under 18 (some are as young as 7 years). However, I have been made aware that the beneficiaries may have future recourse to the original trustees (me again !) if their share/trust is mis-managed or even lost. The situation is made more complex insofar that the marriages of some of the parents of under 18 beneficiaries have broken down. Is there a process that can be followed that allows transference of trust management without placing myself at risk and without incurring the cost of engaging professional trust managers?

If there are two executors of a will, one a beneficiary and one a solicitor, and the solicitor retires, can the non-executor beneficiary insist on appointing a new solicitor executor? — by Maria Mason — last modified 2008-04-09 12:13

If a will is split 50/50 between two beneficiaries, one of whom is the executor, with the other executor being a named solicitor who has now retired, what right does the non-executor beneficiary have to insist on appointing another solicitor rather than let the beneficiary-executor deal with probate on his own?

My father died recently leaving everything to me in his will. There is no property to sell, no wife and no brothers or sisters: can you advise how long take to sort it out? — by Conrad Murray — last modified 2008-03-25 17:30

My father died recently leaving everything to me in his will. Prior to this his solicitors had control of his finances due to him being mentally unwell. There isn't a property to sell - just investment bonds and savings accounts. How long would you expect this to take to be sorted out? I am executor of the will along with the solicitors and am the only child. My dad was a widower.

Joint executors differ as to interpretation of will: who makes a decision as to who is correct as the solicitor who drew it up has left the practice? — by Conrad Murray — last modified 2008-03-17 00:59

My uncle died and named his sister and brother as executors of his will. They interpret the meaning differently. The solicitor who drew up the will has left the practice and cannot be contacted. Who makes the decision on the interpretation of the will? Thank you for your help. They are each contacting different solicitors for their interpretations.

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? — by Conrad Murray — last modified 2008-04-30 10:11

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.

What are the rules about appointing Executors to wills and how can I find out who the beneficiaries are? — by Conrad Murray — last modified 2008-02-28 00:42

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 don't get on with my sister who is executor of my mother's will and she is determined I will not inherit: Can she do this? — by Conrad Murray — last modified 2008-02-08 13:09

My sister and I do not speak to each other. She is the executor of my mother's will. My mother died 2 weeks ago. Mum has a will in which she left everything to be shared between my sisters and my family equally. My sister has said in the past that she will make sure myself and my family do not inherit anything. Can she do this? The will was drawn up by a solicitor.

If the sole executor of the will does not want to sell the inherited property and wants to spend money on it to increase value first, can the other 2 beneficiaries force the sale, and/or refuse to help with the costs? — by Conrad Murray — last modified 2008-02-07 10:10

If the sole executor of the will does not want to sell the inherited property and wants to spend money on it to increase value first, can the other 2 beneficiaries force the sale, and/or refuse to help with the costs?