Didn't know I was named executor in Dad's will

Errata

Grannyannie9 wrote: »

I didn't know that we could refuse, that sounds like a good option to me. Do we just tell her or ask for the solicitors contact details? She has a family of eight from her first husband. We have been in contact with the insurance company who say that because there is a will & executors, we become his next of kin rather than his wife. I'm not sure that sounds right. As she has already closed his bank account & also arranged the funeral alone, I don't think we will pursue that.

Info on how to renounce executorship here, http://www.lawpack.co.uk/probate/articles/article7428.asp
But remember the executors do need to hold the original will in order to do this.
I've no idea why the insurance company have told you the wife isn't the next of kin; I suggest you write to them asking them for clarification.

Errata

Life insurance is outwith an estate and has nothing to do with the executors.

Mojisola

Grannyannie9 wrote: »

she needs our signatures to claim a small insurance policy that she had on his life.

If you decide to take on the role of executors, make sure you follow basic common sense and don't sign anything she puts in front of you without being certain what it is.

What's she told you here doesn't sound right.

Grannyannie9

Sorry, tried to reply with quotes to you all but message box says I haven't enough posts yet.

We've been told there are no assets so I'm going to phone her tomorrow morning to ask exactly what the will states. I've looked at my own will(English law) & executors only take over if surviving spouse is unable or unwilling to administer estate. I don't know if Scottish law is different.

Form from insurance company has space for policy holder to sign & also executor(s) of will (if applicable)

Being in Wales, I don't think any solicitor here would be able to help with queries about Scottish law & my sister in Scotland is very poorly & unable to get out.
Thank you all for your help so far

Grannyannie9

I've just checked on the Gov.UK website & it states there that "a payout from a life insurance policy" is included in a person's estate as an asset.

securityguy

Grannyannie9 wrote: »

I've just checked on the Gov.UK website & it states there that "a payout from a life insurance policy" is included in a person's estate as an asset.

That's not the complete story, however. Life insurance policies are often written in trust, so that they don't go through the estate. I'm not sure it's as many as "it's unusual for it to be payable to the estate", but it certainly isn't unusual for it not to be.

securityguy

Grannyannie9 wrote: »

I've looked at my own will(English law) & executors only take over if surviving spouse is unable or unwilling to administer estate

That may be the case in your particular will, but it's a clause of your will, not a more general thing. It's entirely legal, and not uncommon, for the spouse to not be an executor.

RAS

Hi

Do you know how much this policy is worth??

Also in English law a policy may or may not be included in the estate. If it is written in trust the providers are allowed (not forced but allowed) to pay the money straight to the beneficiaries nominated by the deceased and it is outwith the estate. Otherwise it is included.

Errata

Grannyannie9 wrote: »

I've just checked on the Gov.UK website & it states there that "a payout from a life insurance policy" is included in a person's estate as an asset.

It depends, if the policy was taken out by the deceased it is an asset of the estate. If it was taken out by the beneficiary then it's not an asset of the estate.

Grannyannie9

We've been told it's for £1100 so not a fortune but we haven't seen the policy.