Executors involvement

olibrofiz

Must confess to not knowing a lot about executors and probate and stuff, but I just heard this recently and I'm wondering if I'm just too suspicious in nature

Friends mother died, and friend & her half brother (poss step father too? can they be?) are executors of the will.

Half brother & step father are 'handling things' re probate, and they haven't involved my friend or are really telling her what's going on. All 3 of them went to the bank to close down the accounts friends mum had (substantial amount of money), and the money was moved into a single account, the half brother & step father then told my friend she wasn't needed as a signatory.

All seems a bit dodgy to me.....or is this how it's done?

caseydog_2

Hi there,

This doesn't sound right to me. Your friend's late mother wanted her as executor for a reason - maybe she suspected she'd be pushed aside or didn't quite trust the step brother / father. Whatever the reason, unless she agrees to waive her responsibilities, she has obligations to fulfil. Remember, also that executors can be held personally liable for some debts so she needs to play an active part in winding up the estate. It’s not for the others to say when she is and isn’t needed.

dzug1

The executors are whoever the mother specified in the will.

Unless the friend has signed her rights away then probate cannot be obtained without her involvement. As they've managed to sort out a bank account with a substantial amount of money she must have either been involved or signed that she didn't want to be. The bank would have refused to act otherwise.

The signatures or lack of signatures on the new bank account may or may not be dodgy - it could just be for convenience, it could be a prelude to the hb/sf stealing the estate.

olibrofiz

thank you both. Not just me being unnecessarily suspicious then.

My friend is a lovely, lovely lady, and I feel :mad: for her that her half brother & step father are excluding her from things. She hasn't signed any rights away either. To me it looks like they're feathering their nest - before the funeral they said they had the will but my friend was too upset to want to see it. When she eventually felt composed enough and asked to have a look they told her they had 'sent off for it'.

Apparently there isn't a solicitor involved as step father & half brother want to keep costs down. So who makes sure the executors do what they're supposed to do?

Errata

olibrofiz wrote: »

thank you both. Not just me being unnecessarily suspicious then.

My friend is a lovely, lovely lady, and I feel :mad: for her that her half brother & step father are excluding her from things. She hasn't signed any rights away either. To me it looks like they're feathering their nest - before the funeral they said they had the will but my friend was too upset to want to see it. When she eventually felt composed enough and asked to have a look they told her they had 'sent off for it'.

Apparently there isn't a solicitor involved as step father & half brother want to keep costs down. So who makes sure the executors do what they're supposed to do?

HTH. They may have had only a copy of the will and the original may have been lodged by the deceased in a safe storage facility - hence them having to 'send off for it'.
Who makes sure the executors do what they're supposed to do? The executors themselves and the Probate office. Your friend will have to attend the PO for interview, with the other executors, before the PO will allow them to deal with the estate. If an executor is happy to let the other executor(s) settle the estate act the PO must be advised and they will require that executor to complete a form saying so, but reserving their powers to act.
If your friend thinks there may be hanky panky going on she should talk to the other executors to start off with and if she's still not satisfield things are being done corredtly inform the PO.

missile

olibrofiz wrote: »

thank you both. Not just me being unnecessarily suspicious then.

My friend is a lovely, lovely lady, and I feel :mad: for her that her half brother & step father are excluding her from things. She hasn't signed any rights away either. To me it looks like they're feathering their nest - before the funeral they said they had the will but my friend was too upset to want to see it. When she eventually felt composed enough and asked to have a look they told her they had 'sent off for it'.

Apparently there isn't a solicitor involved as step father & half brother want to keep costs down. So who makes sure the executors do what they're supposed to do?

Your friend may like to see her own solicitor? Most will give an initial free consultation.

Tuesday_Tenor

If your friend doesn't understand her (and the other two's) responsibilities as Executor then she needs to gen up fairly quickly:

http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/index.htm

I personally have found the 'Which' Guide to Wills and Probate very helpful. You can buy it online.

HTH

Biggles

Errata wrote: »

Your friend will have to attend the PO for interview, with the other executors, before the PO will allow them to deal with the estate. If an executor is happy to let the other executor(s) settle the estate act the PO must be advised and they will require that executor to complete a form saying so, but reserving their powers to act.

The other two executors will have to produce a form which appears to be signed by the third executor. That's easy enough, who at the Probate Office would know what the OP's friend's signature looks like?

If your friend thinks there may be hanky panky going on she should talk to the other executors to start off with and if she's still not satisfield things are being done corredtly inform the PO.

She should tell them she wants involvement at every step of the way and to see all documentation, bank statements etc (she's not suspicious, she 'just wants to help'). If she still has any doubts, she can then submit a 'caveat' to the Probate Office (info on www.justice.gov.uk) and they will hold grant of probate until they have checked it out. But it's best to be involved as early as possible, before anyone who may be up to something has a chance to cover their tracks.

dzug1

But if they have already closed down old and opened new bank accounts then they must have probate already - the bank wouldn't do it otherwise.

Errata

Biggles wrote: »

The other two executors will have to produce a form which appears to be signed by the third executor. That's easy enough, who at the Probate Office would know what the OP's friend's signature looks like?

.

The PO sends the form to the executor for signature and return to the PO; other executors do not have sight of it.

TonyMMM

dzug1 wrote: »

But if they have already closed down old and opened new bank accounts then they must have probate already - the bank wouldn't do it otherwise.

Not necessarily - it depends on the bank and the size of the balance in the accounts. The bank may accept a copy of the death certificate in some cases.