Executor of will or not!
Options
Comments
-
bluecliocar wrote: »Thank you yes my partner has seen my will. Cos he won't show me how I have doubts that I am executive Igor. He produces the will to completely cut off his daughter from receiving anything from the will. He has not seen her since she was a child she's 35ish. I simply want to find out if he is lying.
I think you already know he is.0 -
Problems can also occur when two people are named as executors, and both want to accept the roll. This can mean a grab for the will, a race to the Probate Office, and a raid on your partner's papers, followed by an emptying of bank accounts etc.
If more than one executor is named, they must all act together, unless one (or more) formally renounce their role. Banks etc will want to see the will and have documentary evidence of any change/reduction in the number of executors. As for emptying bank accounts - the will sets out who benefits and it isn't the first executor across the line! Executors are personally liable if they don't distribute assets lawfully and properly.
Normally someone cannot claim payment for being an executor, unless they will states otherwise and/or they are a professional executor who has been appointed to act as such. Reasonable out of pocket expenses can be repaid, but the residual beneficiaries are entitled to know how the estate has been distributed.0 -
You could try to persuade your partner, that it was much better for a will to name a single executor, and that this be a beneficiary, such as yourself rather than a solicitor.
A single executor can be a huge issue if they die before the estate has been completely wound up. Far better to have two or more executors, provided they get on with each other - a couple of warring personal representatives can be both tedious and expensive.0 -
You could try to persuade your partner, that it was much better for a will to name a single executor, and that this be a beneficiary, such as yourself rather than a solicitor.
Problems can also occur when two people are named as executors, and both want to accept the roll. This can mean a grab for the will, a race to the Probate Office, and a raid on your partner's papers, followed by an emptying of bank accounts etc.
Wrong on so many counts. See http://www.huttons-solicitors.co.uk/who-should-be-my-executors for some helpful and well informed guidance.0 -
The above executor scare stories are irrelevant. The OPs biggest problem is the likelyhood of even appearing in the will at all.0
-
Hi thank you for your reply. I do not know what is in his will only what he tells me. In conversation I do know that he is verdantly against organ donation and he has mentioned been buried in woodland in Yorkshire. But without seeing his will I do not know if this in it it. He says i should have total trust in him and I do not need to see the will. I think it may be a form of control. He has seen my will which he is a beneficiary . thanks0
-
Thank you so much, we are not married, he defo has written a will. I think I am in it but to what extent I not sure even though he has told me what he is leaving me. thanks.0
-
bluecliocar wrote: »I think it may be a form of control.
You are correct.
Until you have reason to believe otherwise you need to assume you will get nothing.Wrong. It is open to surviving co-habitees to bring an inheritance claim under the the Inheritance (Provision for Family and Dependants) Act 1975.
If they have the wherewithal and the financial means to hire a solicitor specialising in such cases, the cost of which is likely to be in five figures, or can find one who will act on a no-win no-fee basis.
Meanwhile if the OP's partner has left their money to a charity, the OP will have the best lawyers that other people's money can buy ranged against them.
I am not saying they will lose any case, I am saying that having a claim is very different from having the money. The OP wants to know whether in the event of their partner's death they will be able to stay in their house and whether they will still have enough money to live on (even though that wasn't the question they asked, I am making an assumption that it is the question they want to ask); if it requires a lengthy, expensive and difficult court case to get that, then the answer in the short term is "no".
Whether they are executor or not is not important. If they are not it's someone else's problem and if they are they can delegate it to a solicitor.0 -
Malthusian wrote: »The OP wants to know whether in the event of their partner's death they will be able to stay in their house and whether they will still have enough money to live on (even though that wasn't the question they asked, I am making an assumption that it is the question they want to ask);
They specifically said they dont careI am not bothered what he has written in his will0 -
Malthusian wrote: »If they have the wherewithal and the financial means to hire a solicitor specialising in such cases, the cost of which is likely to be in five figures, or can find one who will act on a no-win no-fee basis.
Meanwhile if the OP's partner has left their money to a charity, the OP will have the best lawyers that other people's money can buy ranged against them.
The days of Jarndyce and Jarndyce are long gone! Small charities don't have the money to enter into a battle and larger ones generally have more sense and will try to come to a sensible arrangement.0
This discussion has been closed.
Categories
- All Categories
- 343.3K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 248K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards