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  • FIRST POST
    • digger61
    • By digger61 16th Apr 17, 4:25 PM
    • 7Posts
    • 1Thanks
    digger61
    Executors
    • #1
    • 16th Apr 17, 4:25 PM
    Executors 16th Apr 17 at 4:25 PM
    My father in law has died. There are three executors one living in America. I have been asked to organize probate but it is a lot of work and as one executor lives in America do I have to get signatures from all three to administer the estate ? I have decided to ask my SIL in US to sign a Deed of renunciation to make it easier for me. Would this be necessary ? SIL in question is a control freak and I suspect she will say no.
Page 1
    • Yorkshireman99
    • By Yorkshireman99 16th Apr 17, 4:47 PM
    • 3,288 Posts
    • 2,640 Thanks
    Yorkshireman99
    • #2
    • 16th Apr 17, 4:47 PM
    • #2
    • 16th Apr 17, 4:47 PM
    My father in law has died. There are three executors one living in America. I have been asked to organize probate but it is a lot of work and as one executor lives in America do I have to get signatures from all three to administer the estate ? I have decided to ask my SIL in US to sign a Deed of renunciation to make it easier for me. Would this be necessary ? SIL in question is a control freak and I suspect she will say no.
    Originally posted by digger61
    She will have top sign the probate application either as executor or to renouince or reserve her powers. The best thing is for her to leave it to you and your fellow executor. She will gain absolutly nothing fronm not renouncing and it is likely to cost the estate extra cost and delay. The executors don't have much discretion so her input will serve no real useful purpose.
    • Keep pedalling
    • By Keep pedalling 16th Apr 17, 5:41 PM
    • 3,924 Posts
    • 4,279 Thanks
    Keep pedalling
    • #3
    • 16th Apr 17, 5:41 PM
    • #3
    • 16th Apr 17, 5:41 PM
    Reserving powers would be best, but why are you doing this if the other two executors are in the U.K.?
    • Misterboy
    • By Misterboy 16th Apr 17, 8:02 PM
    • 22 Posts
    • 1 Thanks
    Misterboy
    • #4
    • 16th Apr 17, 8:02 PM
    • #4
    • 16th Apr 17, 8:02 PM
    My mother in law recently passed and I filled in probate forms for my wife and her brother. They are both named executors on will.
    As "Keep pedalling" says , reserving powers is best. My brother in law lives in France so is doing so. When you fill out probate form only one executor needs to apply.and you will come across the 'reserving power option in the form.
    Hope this helps.
    • PasturesNew
    • By PasturesNew 16th Apr 17, 8:09 PM
    • 60,666 Posts
    • 354,655 Thanks
    PasturesNew
    • #5
    • 16th Apr 17, 8:09 PM
    • #5
    • 16th Apr 17, 8:09 PM
    When we did it there were 3 of us and a will.

    We verbally agreed one would do it - we expected forms/signatures or something.

    One went along and signed some forms and just signed a box on the form to say it was OK/just the 1 .... and us other 2 were never asked/informed officially ... it was left to trust that the one hadn't gone rogue and it was all OK. We never had to see/sign anything as "the other 2".

    The one could've signed and been away with everything before we'd even scratched our heads and thought "funny, not heard anything yet".
    • Misterboy
    • By Misterboy 16th Apr 17, 8:14 PM
    • 22 Posts
    • 1 Thanks
    Misterboy
    • #6
    • 16th Apr 17, 8:14 PM
    • #6
    • 16th Apr 17, 8:14 PM
    All probate does is give a grant of representation. This allows the executors of the will to distribute the estate as per the will. Probate doesn't change anything in the will.
    • Pendrive
    • By Pendrive 20th Apr 17, 3:51 PM
    • 4 Posts
    • 0 Thanks
    Pendrive
    • #7
    • 20th Apr 17, 3:51 PM
    • #7
    • 20th Apr 17, 3:51 PM
    Hello all - my uncle and I are executors of my mum's will, and we asked a solicitor to apply for grant of probate. Other things have since come up, and so the estate is still to be fully administered - the main thing is that the DWP have been looking into pension credit.

    As I work abroad quite a bit, the solicitor asked me about signing something to reserve powers - we understood that this would only be to allow my uncle to sign things on his own if I were not around, and it was inconvenient for me to do so. It never occurred to me that the solicitor could then ignore me and deal only with my uncle, but this is what she seems to have done ever since. My mum and I were very close and both of us assumed I would be the main person dealing with everything for her once she passed away; and I spent a great deal of time on that initially when that happened, which was very much out of the blue.

    Since signing the form, however, the grant of probate came through without my name appearing on it as an executor, something I would not have agreed to at all had I known that would happen. When the DWP got in touch to question pension credits, I found myself unable to speak with them about my mum, as I wasn't named as an executor on the grant of probate. Meanwhile the solicitor has directed things only to my uncle, and ignored three emails of my own - I had to telephone eventually, to ask what was going on. One of the questions had been about the solicitor's charges in view of things taking longer than originally - she appeared to take on the new issues which came up without asking whether we actually wanted her to, and without ever trying to indicate how much it might cost. One or two other things have, meanwhile, been done and decided on without my being aware of them, a couple of which I would have decided differently - some of my mum's assets being cashed in early, for instance.

    I've now reached a point of asking the solicitor what my status actually is as an executor, and whether she has any intention of dealing with me at all over my mum's will and estate. My mum and I were very close, and I am really upset at the thought that I am not able to carry out the role of executor, and play a proper part in ensuring that things are done for her as she wanted - we had plenty of discussions about that. As I write I am still waiting to hear from the solicitor about that - can anyone else advise on it? And has anyone else had this kind of thing happen to them?

    I should mention that my uncle and I get on very well, and I have no problem with him signing for things once they had been decided, or giving answers when asked about things - he is not a beneficiary himself, and is a very straightforward and honest guy. His understanding of what would happen once I signed to reserve powers - that he could sign things, but both of us would be involved in any discussion and decision-making - is similar to mine, and he hasn't known in some cases that the solicitor hasn't sent to or asked me what she has sent to or asked him.

    I would have to say at this point that I would counsel very great caution over signing anything of this nature in the future. After dealing with my mum's death, which was devastating for me, I've found being effectively cut off as an executor and excluded and ignored as her affairs are sorted out incredibly hard; while in practical terms it seems too to have created more problems than it has solved.
    Last edited by Pendrive; 20-04-2017 at 4:09 PM.
    • TonyMMM
    • By TonyMMM 20th Apr 17, 4:27 PM
    • 2,491 Posts
    • 2,660 Thanks
    TonyMMM
    • #8
    • 20th Apr 17, 4:27 PM
    • #8
    • 20th Apr 17, 4:27 PM
    When you agree to "reserve" your right as an executor you effectively step back from the role and the other named executors can apply for probate and act alone. You still have the right to apply for probate yourself if they fail to do so, but it sounds like things are exactly as it should be..... your uncle has applied for probate and is the sole executor of the estate as it stands.

    Any complaint would be against the solicitor if they failed to explain the reservation of powers correctly - or it could be because you didn't ask the right questions before agreeing to sign.

    Who is actually dealing with the estate - the solicitor or your uncle ?
    • Pendrive
    • By Pendrive 21st Apr 17, 1:24 AM
    • 4 Posts
    • 0 Thanks
    Pendrive
    • #9
    • 21st Apr 17, 1:24 AM
    • #9
    • 21st Apr 17, 1:24 AM
    Thanks, TonyMMM. Both I and my uncle understood that the only thing that would happen would be that he would be able to sign for things physically which I might not be able to do. There was never any question that it would make any material difference to my role as an executor - i would never have agreed to it if that had been the case, as the solicitor was very well aware. So if you are correct, it seems that I am likely to be looking at bringing a complaint against the solicitor. I have now asked her directly what my legal status is as executor, and look forward to her reply in view of what you have said.

    Given that I never agreed, and never would have done, to 'step back' from the role; and had no idea that (as my actions all along have clearly shown) anything like that had happened, can this be reversed, and can I insist on being put on the grant of probate?

    The solicitor is dealing with the estate, and getting back to my uncle but not to myself - her continual practice in this is what led me to raise the question of why she was excluding myself. She was asked to apply for the grant of probate by myself and my uncle, though - she is not a named executor herself. Her bill will largely be paid by me, as the main beneficiary, since it will be taken from the estate. Part of my concerns have revolved around the time she has taken to do things, and I have suspicions that she might prefer to use my uncle to prolong things and charge more, not to put too fine a point on it.

    Meanwhile, as I said earlier, I wouldn't as an executor ever sign anything of this nature again. There is a reason people ask certain individuals to be executors, and I don't think it's for others either to suggest they should stand back from that when the time comes. They may not really know what they might be standing back from.
    • Jessica❤️
    • By Jessica❤️ 21st Apr 17, 2:12 AM
    • 1 Posts
    • 0 Thanks
    Jessica❤️
    My mother passed away 10 years ago. She didn't leave a will so it went to probate. Some how I don't know how my uncle and nan are the executors even tho when my mum died I was 21 n she left me in charge of her other children my sisters I lived here for 10 years yet there saying I have no rights to this house n when my sister is 16 there gonna kick us out n sell it. Can this happen can I fight it?
    • chesky
    • By chesky 21st Apr 17, 7:10 AM
    • 836 Posts
    • 1,187 Thanks
    chesky
    The original post seems to have been 'taken over' by others posting with similar but separate queries.
    It would be best for everyone if they started their own thread.
    • jackieblack
    • By jackieblack 21st Apr 17, 7:36 AM
    • 7,298 Posts
    • 9,840 Thanks
    jackieblack
    My mother passed away 10 years ago. She didn't leave a will so it went to probate. Some how I don't know how my uncle and nan are the executors even tho when my mum died I was 21 n she left me in charge of her other children my sisters I lived here for 10 years yet there saying I have no rights to this house n when my sister is 16 there gonna kick us out n sell it. Can this happen can I fight it?
    Originally posted by Jessica❤️
    When someone dies without a will, any relative can apply for a Grant of Representation. You could have applied, but it seems your Uncle and Nan also applied/ applied first.
    When there is no will the law states how the deceased's estate must be shared out. It may be that it is necessary for the house to be sold in order for this to happen.
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