Being dad's executor

sussexlad2009

Hi, this is really bugging me so I hope I can get some advice please.

We lost mum in 2009, dad is still going but wants to update his will etc.
No bad thing.
I have secured a significant discount via my trade union for this to happen.

In the past his will appointed both myself, my sister and her husband as executors.


Hope this explains things, I've told dad that I am happy to do it and that any fairness has to come from his will and not me or 'a' another exec.
I also said that maybe he might consider appointing a solicitor as exec instead if he is concerned.

Can anyone help my thoughts just now please?

Thanks

Mike

Fishingtime

I think the only reason that you need to have numerous execs, is that they may die before you or maybe even the same time.

mountainofdebt

to be honest (and this probably isn't the case) but you sound like you want to be in charge and would resent any involvement by your sister or her side of the family.

How would you feel if the situation was reversed and your sister was objecting to you being executor?

Mojisola

Anyone thinking about who to appoint as executor should consider the personalities involved. Appointing people who aren't going to work well together is just asking for trouble.

sussexlad2009

OK thanks for the comments, to answer.
Its not that I want to be in charge at all! I'd rather not do it at all so I could just mourne dad's passing.
Dad wanted me to do it because he says he trusts me above everyone and I have proved to myself I can do it.

Appointing execs because they might feel left out otherwise seems to be a folly as they don't have any jurisdiction over the outcome, the outcome is defined in the will.
Personally I'd prefer dad use a solicitor but I will do the job to the best of my abilities if he does want me to do it.

sussexlad2009

Just to add to this, if there were more than one exec, how are they required to work together? does each named have to agree and sign each letter sent for example?

mountainofdebt

But its not a just a case of the outcome being predetermined here its a case of how you get there as well.

If you need a 2nd executor then why can't your sister be it rather than your wife?

tbh both my sister and I are named as executors in our mum's will but I know in reality that it will be me doing the majority of the work but as it was mum's wish that we both be executor then so be it.

sussexlad2009

According to my solicitor who is doing the will, as dad is leaving an amount in trust to my sisters kids, we need to have two execs who are not my sis and husband, I don't care how this is arrived at I just want it smooth when the dreadful time comes

LannieDuck

If you have a look at the Deaths and probate section of the boards, you'll see that wills aren't always straight-forward and, even if legal advice is used to draw them up, they sometimes end up in dispute.

If there are two main beneficiary families - yours and your sisters, it makes sense to me that your Dad would appoint one exec from each family. That way both families would be involved in the execution of the will and hopefully no-one could then complain about the outcome.

I don't see why you think your Dad should appoint your wife as one of his executors in preference to his own daughter?

LannieDuck

sussexlad2009 wrote: »

According to my solicitor who is doing the will, as dad is leaving an amount in trust to my sisters kids, we need to have two execs who are not my sis and husband, I don't care how this is arrived at I just want it smooth when the dreadful time comes

That seems odd. Presumably you're a beneficiary too, and the solicitor has no problems with you being one of the execs?

sussexlad2009

LannieDuck wrote: »

That seems odd. Presumably you're a beneficiary too, and the solicitor has no problems with you being one of the execs?

As explained, it is simply so that should I die there will be someone to see that the kids are still looked after.