executor question

Marktheshark

There is no such thing as "wishes" on death.
There is a will or no will.
The other people named can administer the estate if the executor refuses.
Best advice, put the shovel away.

mollysgarden

Marktheshark wrote: »

There is no such thing as "wishes" on death.
There is a will or no will.
The other people named can administer the estate if the executor refuses.
Best advice, put the shovel away.

I use a spade for digging and a shovel for mixing .
Because there is no one willing to tell the "other people"
The residue of the estate goes nowhere but the treasury eventually.

g6jns_2

mollysgarden wrote: »

Because the executor cannot or doesn't want to be involved or gain (already rich and famous) the complication for me is I am not named in the will but would qualify by bloodline if no will was left, therefore my uncles estate/money just stays put and untouched in perpetuity, meaning the will and my uncles wishes cannot be carried out and therefore does the will become null and void allowing me to claim the estate/assets ?
Not forgetting 3 charities were also due a donation but without a executor they cannot apply for admistration because there is no one to tell them .

You can force the issue by applying for letters of administration. The executor will then be forced to administer the will or hand the task over to whoever gets LOA.

Marktheshark

Other people are the Benefactors of the will.
They can administer the estate as well if the executor does not.
If nobody does, you can apply.
But you must do exactly what it says in the will with the estate.
Any uncollected or refused money, goes to the state.
You get months of hard work and unless your name is in the will, you get nothing.

mollysgarden

The others named won't apply because they know nothing of the will,
would I really have to carry out the instructions of the will if I apply and get LOA ? even thou the executor and main beneficiary renounce's all his interest .
The lesson here is you should always ask and get permission of the person or persons you want to act as your executor or as in this case my late uncles requests will not now be carried out and all is assets will now go to complete strangers (Treasury:))

g6jns_2

Marktheshark wrote: »

Other people are the Benefactors of the will.
They can administer the estate as well if the executor does not.
If nobody does, you can apply.
But you must do exactly what it says in the will with the estate.
Any uncollected or refused money, goes to the state.
You get months of hard work and unless your name is in the will, you get nothing.

If there are assets not disposed of by the will they have to dealt with under the rules of intestacy. In such an event these would go to the OP and not to the Treasury. Therefore it may well be worthwhile to get LOA.

getmore4less

mollysgarden wrote: »

The others named won't apply because they know nothing of the will,
would I really have to carry out the instructions of the will if I apply and get LOA ? even thou the executor and main beneficiary renounce's all his interest .
The lesson here is you should always ask and get permission of the person or persons you want to act as your executor or as in this case my late uncles requests will not now be carried out and all is assets will now go to complete strangers (Treasury:))

Executors and beneficiaries are separate(legal) entities even when they are the same people,

It does not matter if the executors don't want to act others can take over if they want.

Renouncing or not acting as an executor does not effect the status as a beneficiary(and from your first post it seems they still want to take the dosh).

Taking out LOA with will attached can still be done, the estate administered and distribution made.

If you can get the executor to giv up their beneficiary status then it may be worth taking on the job, seems silly they don't just hand it over to solicitors.

If really famous then there may be a media story.


First post you say sole beneficiary and later you say there are others.

nom_de_plume

I presume you (OP) have seen a valid will?

If any of the named charities are of any size they will have a department that deals with legacies. I suggest you contact one of them for advice.

If the charities are the main beneficiaries and the executor is in line for the residual and the estate is solvent then the charities can quite happily appoint a solicitor to administer the estate at the cost of the residual.

Money (usually) talks and that may spur him into action.

g6jns_2

mollysgarden wrote: »

The others named won't apply because they know nothing of the will,
would I really have to carry out the instructions of the will if I apply and get LOA ? even thou the executor and main beneficiary renounce's all his interest .
The lesson here is you should always ask and get permission of the person or persons you want to act as your executor or as in this case my late uncles requests will not now be carried out and all is assets will now go to complete strangers (Treasury:))

It is illegal for an executor or administrator not to distribute the estate according to law. If a beneficiary wants to refuse then the executor should get this in writing.

Beenie

G6jns, when you say 'refuse' do you mean refuse to be an executor or refuse to have the inheritance?