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

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Comments

  • Grannyannie9
    Grannyannie9 Posts: 19 Forumite
    The policy was taken out by the beneficiary, I know that my dad didn't believe in insurance. Don't know why but he would never have any.
  • securityguy
    securityguy Posts: 2,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The policy was taken out by the beneficiary, I know that my dad didn't believe in insurance. Don't know why but he would never have any.

    Such a policy is very unlikely to form part of your father's estate.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    get the will.

    Decide if you want to get involved once you know what that says.

    In the mean time do nothing
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    duchy wrote: »
    If you are the executors of course you need access to the will. You have a legal responsibility to ensure the will is dealt with correctly and legally - and would be legally liable if it isn't.

    Named executors have no legal responsibilities unless they want them.
  • troubleinparadise
    troubleinparadise Posts: 1,120 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Should Dad's solicitors have contacted us or was that the responsibility of his wife? I really don't think she would have told us about it if she hadn't needed these signatures.

    Further to this point, I was one of three executors named in a will, which I was never told about.

    Ultimately it was a straight spouse to spouse transfer of small monetary value, and a solicitor was used by the surviving spouse to handle the executing of the deceased's will.

    I learned of this when the surviving spouse died some years later, and I was an executor of that will, and needed a copy for the transfer of the nil rate band for IHT.

    But I wasn't contacted to renounce my position. Should I have been?
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    Further to this point, I was one of three executors named in a will, which I was never told about.

    Ultimately it was a straight spouse to spouse transfer of small monetary value, and a solicitor was used by the surviving spouse to handle the executing of the deceased's will.

    I learned of this when the surviving spouse died some years later, and I was an executor of that will, and needed a copy for the transfer of the nil rate band for IHT.

    But I wasn't contacted to renounce my position. Should I have been?

    Possibly

    But if it was a small estate probate may not have been applied for so your services were not required - so you would have been given a copy of the unproved will.
  • rpc
    rpc Posts: 2,353 Forumite
    Whatever happens, you need the original will. You can't do anything until you have that. Don't do anything until you have it!

    I think it would also be worth looking at why there are no assets. Is it because everything was joint or hers, or have the assets already been removed from the estate?
  • Grannyannie9
    Grannyannie9 Posts: 19 Forumite
    Panic over everyone & thanks for all your advice. Apparently we're named executors in his will if she pre deceased him. I wish it had been read properly before causing us all this anguish. It's made my sister's medical condition a lot worse this week. As for the lack of assets, I imagine her family has been well looked after over the last two years. Thanks again everyone, I'll certainly come here again if I need advice about anything.
  • Hi,

    glad you got a satisfactory outcome, saves a lot more hassle and possible acrimony.

    Look in again, have a look at some of the other forums, good craic.
  • hardpressed
    hardpressed Posts: 2,099 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    When the will has been proved it might be worth getting a copy just so you can see what were your father's wishes.
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