Dad's Will

madbadrob

Errata wrote: »

The exeuctor(s) have a legal responsibility to settle the estate, nothing more, nothing less.
I think a reading of the will hasn't occurred outside of fiction for a very, very long time.

Not quite. In 1998 after my grandfathers funeral and the wake finishing I opened my grandfathers will and read it to my mum aunt brother and cousins. The fact we knew what the will said is neither here nor there. My grandfather left me as executor which I promptly passed to a solicitor and because it was straight forward and after a little haggling I had the estate managed for a fixed fee of £3500. The solicitor had it all done and dusted in 4 to 6 weeks.

My paternal grandmother made a will reading as one of the conditions of the executors. If they didnt they lost their share of the estate.

Rob

Mojisola

madbadrob wrote: »

Not quite. In 1998 after my grandfathers funeral and the wake finishing I opened my grandfathers will and read it to my mum aunt brother and cousins. The fact we knew what the will said is neither here nor there. My grandfather left me as executor which I promptly passed to a solicitor and because it was straight forward and after a little haggling I had the estate managed for a fixed fee of £3500. The solicitor had it all done and dusted in 4 to 6 weeks.

My paternal grandmother made a will reading as one of the conditions of the executors. If they didnt they lost their share of the estate.

Was your grandmother of an age where an official "reading" was normal? Do you know what her reasoning was behind that clause?

Regarding your grandfather, I was thinking of the formal setting where the solicitor gathers the family into his offices such as you see in films.

When Mum died this year, I didn't have to tell anyone what was in the will because the family had been given photocopies of it after it was made. When my uncle died, my aunt passed his will around for the family to read after the funeral.

no1catman

Mojisola wrote: »

Snip
When Mum died this year, I didn't have to tell anyone what was in the will because the family had been given photocopies of it after it was made. When my uncle died, my aunt passed his will around for the family to read after the funeral.

So, to reiterate - it's not a legal requirement for the Executor, whether member of the 'family' or a solicitor - to disclose to the beneficiaries the contents of the Will? But, especially with 'family' it is what would normally happen i.e. 'good manners'.
Indeed, it can lead to bad feeling it that is not done.

madbadrob

Mojisola wrote: »

Was your grandmother of an age where an official "reading" was normal? Do you know what her reasoning was behind that clause?

Over the years my grandmother had verbally promised items to varying members of the family and then changed the bequests. All in all she had 41 codicils adding or removing family members. The final codicil stated that the reading had to take place so that there were no arguments between family members in particular her late husbands side of the family who for reasons I would rather not post she had removed from inheriting totally.

I am going to do something similar on my death just to add a final drama to my life

Rob

Mojisola

madbadrob wrote: »

Over the years my grandmother had verbally promised items to varying members of the family and then changed the bequests. All in all she had 41 codicils adding or removing family members. The final codicil stated that the reading had to take place so that there were no arguments between family members in particular her late husbands side of the family who for reasons I would rather not post she had removed from inheriting totally.

What a nightmare! I'm glad my family are upfront and in the open about their wills.

hullboy31

Thanks for all your reply's


Another question can my uncle who has been named executor sign the duties over to me as he is in no rush to sort any of it out? he got what he was left in the will a clock.


if not when he comes to release funds would I get a breakdown of whats been spent etc?

Savvy_Sue

Yes, he can relinquish his duties as executor. I'd contact the Probate Office and ask for their advice (or look on their website).

getmore4less

hullboy31 wrote: »

Thanks for all your reply's


Another question can my uncle who has been named executor sign the duties over to me as he is in no rush to sort any of it out? he got what he was left in the will a clock.


if not when he comes to release funds would I get a breakdown of whats been spent etc?

Savvy_Sue wrote: »

Yes, he can relinquish his duties as executor. I'd contact the Probate Office and ask for their advice (or look on their website).

Something that needs to be considered when choosing executors.

as lay executors cannot be paid, what is the incentive.

family duty might not be enough, an appropriate sized legacy is often a good idea.

Largest benifitiary is a good choice allthough this is often youngish children so once they hit 18 it is time to consider adding them hopeing that by th time they need to do the job they are a lot older.

if concerend about their ability do dry run, it also gives you an idea of what is needed to make the job easier for those left( a list of all accounts and main assets).

dzug1

hullboy31 wrote: »

Thanks for all your reply's


Another question can my uncle who has been named executor sign the duties over to me as he is in no rush to sort any of it out? he got what he was left in the will a clock.


if not when he comes to release funds would I get a breakdown of whats been spent etc?

He can relinquish his duties, yes - but he can't sign them over to anyone specific other than a professional.
There is a 'pecking order' in probate law. You as son come high up in that order - I think next after his wife if still alive and willing.

You can do a lot of the paperwork for him anyway, unofficially. Preparing letters for him to sign and the like

hullboy31

Thanks for your replies.


Is it normal to receive a set of accounts when the money is due to be paid out? So I can see whats come in and whats been spent etc?



Thanks for your help.