Executor Query

Faith177

Hi

I wonder if anyone can give me a little advice for my mum

She has had a will for a number of years and my uncle was always listed as executor

We were talking recently and I asked her if she still felt he was suitable as they hardly talk and don't have much of a relationship and she said on thinking on it she wasn't

My query is, is she able to change her will to name me as executor even though I will be one of the main beneficiaries (the other is my kid brother)?

Wills are all new to me and she wasn't sure either but we would like to get it sorted asap

Also is there a way for me to be given POA now in case of ill health further down the line or do we have to wait until she is ill

Thanks in advance for any help you can offer

RAS

Faith177 wrote: »

Also is there a way for me to be given POA now in case of ill health further down the line or do we have to wait until she is ill

It is essential that you sort this out whilst she is well https://www.gov.uk/power-of-attorney/overview

shop-to-drop

It is absolutely essential that you don't delay on all of this. My mum had doubts about her executors my brothers but I felt I'd be too upset to take on the role and naively told her all would be well. However her fears were correct and they are abusing their powers to try to steal the inheritance away from myself and my other brother with learning disabilites. They have accused me of theft to the value of my share. They have done this by adding up all cheques given to me primarily to repay for shopping as well as gifts. They have also adding in all transactions when we took her shopping or done shopping for her. Also adding in any cash taken from her account. Although she had physical disabilities she was an intelligent women and her mind was sharp until the day she died.

Please get this sorted ASAP and prevent yourself misery at the time in your life when you deserve it least.

Crabapple

As the other posters have said, please get things sorted as soon as you can. Then you and your mum can relax knowing everything is organised.

You absolutely can be an Executor, it is quite common for the Executors to be Beneficiaries too, especially when they are children.

You should also sort out a Lasting Power of Attorney now while your mum is absolutely fine. You just wouldn't use it until/unless it was needed.

getmore4less

Having the main residual beneficiary as the executor is often the best option as they have the most to lose from excessive expenses.

Faith177

Thank you all for your advice it's good to know I can be exec and I will certainly get the lasting POA sorted with her I'm due to visit her over Christmas and new year so we can sort it then

My mum only has me and my brother and I'm the more sensible one tbh so she only has me to rely on so this is all a huge comfort

growler834

I also advise that you are not the only executor in the will & the only POA in case anything should happen to you. Perhaps have your brother as the other executor & POA. He doesn't necessarily have to do anything - you can do all the paperwork, contacting authorities etc with his agreement.

Faith177

growler834 wrote: »

I also advise that you are not the only executor in the will & the only POA in case anything should happen to you. Perhaps have your brother as the other executor & POA. He doesn't necessarily have to do anything - you can do all the paperwork, contacting authorities etc with his agreement.

That's a good idea actually thank you I hadn't thought of that

I don't think my brother would be a good choice him and money are not a good combination and he gets scared by forms and anything legal. I love him to bits but he would just make himself sick with worry and I know my mum wouldn't want to do that to him

I might see how my mum feels about making her sister the secondary or my husband or my aunts partner as they would be much better choices