Will, probate and difference of opinion :(
Comments
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littlehobbit wrote: »I am being told by the other executor that anything not specified in the will (money in the bank, life insurance, premium bonds etc) should be split equally between us two.
The difference of opinion is that I think these things are included in the will under the 'residual estate' , however the other executor believes that 'residual estate' just means the house
I think you will need at least one appointment with a solicitor so that he/she can read exactly what the will says and make sure both executors understand it.0 -
I think you will need at least one appointment with a solicitor so that he/she can read exactly what the will says and make sure both executors understand it.
Yes, I am thinking about going to the cab or somewhere that maybe gives short appointments to clarify this. On my list for monday morning.0 -
littlehobbit wrote: »The property is/was just owned by one person, the family member who left the will. Do you mean the other executor might be wanting us to put the house in both executors names to avoid applying for grant of probate? Not sure I would want to do that, the other executor would then own half the house and may decide to keep it!
was referring to those that said they did not need a grant, if there was a spouse involve and joint ownership that could be possible.
even non spouse and joint but then there are more complications on the IHT.0 -
I see what you mean now, sorry I misunderstood. makes sense reading it again. I believe in both previous cases that family members are referring to, each time it involved one person (ie after sole remaining parent died) However I do not know the details, so in those cases other things may have caused the exception (If part of the house had been gifted to a son or daughter before death for example). Whatever it is though, its certainly giving them the impression that my intention to apply for grant of probate is not necessary.0
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Probably worth booking half an hour at a local solicitor, (making it clear that you do not want them to administer the estate, just explain the exact meaning of the Will). Likely to be more useful than CAB IMO0
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An advantage of using the PDF forms is you can complete most of it onscreen & then print it out - handy if your handwriting is as illegible as mine!littlehobbit wrote: »I had seen that you could download some forms, but I called them instead, just to make sure I would be filling in all the correct ones and they offered to send them in the post.0 -
Probably worth booking half an hour at a local solicitor, (making it clear that you do not want them to administer the estate, just explain the exact meaning of the Will). Likely to be more useful than CAB IMO
Thanks, it would probably be worth it in the long run. Just want to do the right thing. Maybe I can try and delay the executor account opening in the mean time, as that might remove the option of my acting as sole executor if we have opened it jointly.
So pleased I came and asked on here, always get good solid advice from MSErs!
If anyone is interested I will try and update as things progress, might help someone in the future. I have started reading lots of threads before only to find that you dont get to know how the advise on here was used and how things worked out.0 -
littlehobbit wrote: »Thanks, it would probably be worth it in the long run. Just want to do the right thing. Maybe I can try and delay the executor account opening in the mean time, as that might remove the option of my acting as sole executor if we have opened it jointly.
If the details are as you say, i.e. you inherit all but named items, there will be no need for an executor account anyway as all payments can be made to you.0 -
You may not have time to go to the CAB which, as I understand it, frequently has a delay of weeks before seeing someone. In that interval, your fellow executor may well be getting her opinion and beliefs even more entrenched.
In your shoes, I'd be getting an urgent appointment with a solicitor with a view to getting a polite but very strongly worded letter sent, perhaps along with a copy of the book mentioned by others above.
It is my understanding that an executor making a co ck-up of things becomes personally liable so it would be wise for your fellow executor to be absolutely sure of his/her ground. An opinion snatched out of thin air seems to be a dangerous basis for dealing with an estate.0 -
If the details are as you say, i.e. you inherit all but named items, there will be no need for an executor account anyway as all payments can be made to you.
Good point and I see what you mean, but as an executor I/we need to keep the money there and available to pay any debts first, before distributing to beneficiaries (which confusingly is also me) so the account has to remain open as it is, but changed to an executors account (this is what the bank has told me anyway)
I have had a quick look at the grant of probate form online and it actually doesnt ask for any confirmation about whether executors have carried out any 'administration' action before the date of application.
Next big thing is to try and sort out house insurance for an unoccupied house. I have a feeling the current insurance may be a bout to lapse at the end of the month
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