Renouncing executor duties

spamhater

Hi

This is a bit long winded so apologies in advance. I'm very anxious about the situation and am desperate to make sure I do not become involved in any of the following.

I have been a long term friend of an elderly couple. Wife died in 2012 and husband died last month. I was not involved in the wife's estate in any way. Husband owned property abroad and a sizeable property here in UK. Given the value of UK property alone I would imagine in the realms of IHT as far as the estate goes.

They had no children together, he had a son and daughter from a previous marriage but had been estranged for some years. After the death of his wife the daughter re-established contact although this was very limited.
Both son and daughter live in UK, some 500 or so miles from fathers UK home.

For a number of years when my friend (and his late wife) were at their home abroad I looked after the home here. I kept a key and popped in a regular basis to check all was ok as they were sometimes gone a few months, especially in winter.

The death was quite sudden, he was taken to hospital where he died the following day. His daughter was contacted (possibly by hospital as I didn't do it) and arrived next day to organise funeral etc. she stayed in a local hotel until the funeral took place and then returned home. After the funeral I approached her to return the house key I had. She asked if I would hold on to it and continue to keep an eye on the place until she got things sorted out given that she lived so far away. I agreed and have been doing so (without going into the house as it just felt uncomfortable).

Yesterday I received a package in the post from the daughter. Inside were two envelopes, one addressed to me, one which states" last will and testament of xxx". They were both sealed using old fashioned sealing wax (something my elderly friend used regularly )
The envelope addressed to me contained a letter written some 18 months ago thanking me for my friendship over the years and stating that he had named me as his sole executor as he wished to ensure the estate was dealt with in a "diligent and honourable manner" and this was not something he could trust his family to do.

To be completely honest I am horrified. I cannot imagine how much time his estate will take to sort out, there are at least 2 properties, one abroad, a fairly dormant company directorship although I believe the company receives some kind of royalties in addition to a collection of antique paintings and a lifetimes accumulation of belongings. In addition the tone of the accompanying letter from the daughter makes it clear the family are very unhappy about my position as executor and states they will be "monitoring my every action to make sure it is above board".

I know it may seem like I'm letting my friend down but I'm pretty angry that he should name me as executor without at least discussing it first and I have no desire to have any dealings with his family.

How do I formally renounce the position of executor and who do I do this to? I want to make absolutely sure I cannot be drawn into this at all.I Have not opened the second envelope, it remains sealed.

My husband suggested I send a recorded delivery letter to the daughter, returning the contents of the package and also the house key, stating I will not undertake what I have been asked to do and I wish to have no further contact with them.

Will this be sufficient? I want to be certain I cannot be implicated at all.

I'm sorry if I sound like a drama queen, I just have a horrible feeling (based on previous conversations with the friend when he was alive) that his family will be very difficult/almost obstructive in any dealings and that this will not end well. E en if I had been happy to do so I work long hours and am often away from home on business so may not be able to deal with things as quickly as I should.

Apologies for the length of the post and if anything is irrelevant I'm panicking slightly and wanted to give the full picture.

Keep_pedalling

Yes he really should have asked you if you were willing to do this, but if he were my friend I would not wash my hands of it entirely.

This sounds like a complex estate, and one other option you could take as executor is to engage a local solicitor to do all the donkey work and stay as the sole executor. All the costs for this would come out of the estate.

If you are really unhappy with that option then you have every right to withdraw, but you really should look at the will before making a final decision, if you are a major beneficiary then you might be a bit less reluctant to hand this over to the family to deal with.

RAS

Given the family attitude, I would suggest that you employ a solicitor to do the work. Let the family know that you are doing this as a result of their concerns about everything being above board

In fact given that you think the estate needsd to pay IHT and that it is a complex estate, it is gooing to need to be sorted out by a solicitor because they organise the payment of the IHT prior to probate, which neither yourself or a family member can sort out in time.

You could of course renounce the executorship if you prefer (there is a form to fill in and return to the family).

spamhater

Keep_pedalling wrote: »

Yes he really should have asked you if you were willing to do this, but if he were my friend I would not wash my hands of it entirely.

This sounds like a complex estate, and one other option you could take as executor is to engage a local solicitor to do all the donkey work and stay as the sole executor. All the costs for this would come out of the estate.

If you are really unhappy with that option then you have every right to withdraw, but you really should look at the will before making a final decision, if you are a major beneficiary then you might be a bit less reluctant to hand this over to the family to deal with.

I don't know if I'm a beneficiary. I wouldn't expect to be and to be honest even if it was it doesn't change how I feel. I know, from previous conversations, he didn't agree with using solicitors as executors due to the level of fees involved. He was careful with his money and I'd definitely feel I'd let him down if I took the job on and handed it over to a solicitor.

I've pretty much made up my mind I don't want any part in it and just need to be very sure I communicate this and get it acknowledged by the right people.

I fear opening the will implicates me and I kind of think what I don't know can't hurt me so I'd rather return it intact. The accompanying letter stated the family expected confirmation of my "next steps" in relation to the estate by 16th March at the latest or they would require to start proceedings to have me removed as an unfit person.
I really have neither the time nor the inclination to deal with these kind of people.:(

spamhater

RAS wrote: »

Given the family attitude, I would suggest that you employ a solicitor to do the work. Let the family know that you are doing this as a result of their concerns about everything being above board

In fact given that you think the estate needsd to pay IHT and that it is a complex estate, it is gooing to need to be sorted out by a solicitor because they organise the payment of the IHT prior to probate, which neither yourself or a family member can sort out in time.

You could of course renounce the executorship if you prefer (there is a form to fill in and return to the family).

Where can I find the form to fill in? Can I just download an online form -should have said I'm in Scotland in case that makes any difference?

CLAPTON

Seems sensible to open the letter with the will to see who are the beneficiaries and let them sort out probate as they have a vested interest in the matter.
You have no legal duty to be executor if you don't want to do so.
Opening the second letter doesn't commit you to anything at all.

RAS

Hi

There are three ways to do this

1. Execute the will yourself
2. Appoint a solcitor as executor (which is how you end up paying lots of fees if they calim a percentage)
3. Retain executorship but ask a lawyer to do the leg work. The fee depends on what you negoitiate and whether the family make a nuisance of themselves.

Mojisola

spamhater wrote: »

The envelope addressed to me contained a letter written some 18 months ago thanking me for my friendship over the years and stating that he had named me as his sole executor as he wished to ensure the estate was dealt with in a "diligent and honourable manner" and this was not something he could trust his family to do.

spamhater wrote: »

I know, from previous conversations, he didn't agree with using solicitors as executors due to the level of fees involved. He was careful with his money and I'd definitely feel I'd let him down if I took the job on and handed it over to a solicitor.

You're going to 'let him down' whatever you do.

Given that the untrustworthy relatives will no doubt end up involving solicitors as they fight over the will, in your place, I would employ a solicitor to be the executor. All the costs will come out of the estate.

It will make sure the will is followed as your friend wishes and the solicitor will have to take all the flak from the relatives. The more they contact and badger the solicitor, the more his/her bill will be so that might keep them under control.

RAS

Mojisola wrote: »

I would employ a solicitor to be the executor. All the costs will come out of the estate.

The Op can employ a solictor to do the paperwork and remain executor. All the costs will come from the estate.

If the OP just renounces the executorship then the family will administer it (or whatever the Scottish word is).

Keep_pedalling

spamhater wrote: »

I don't know if I'm a beneficiary. I wouldn't expect to be and to be honest even if it was it doesn't change how I feel. I know, from previous conversations, he didn't agree with using solicitors as executors due to the level of fees involved. He was careful with his money and I'd definitely feel I'd let him down if I took the job on and handed it over to a solicitor.

I've pretty much made up my mind I don't want any part in it and just need to be very sure I communicate this and get it acknowledged by the right people.

I fear opening the will implicates me and I kind of think what I don't know can't hurt me so I'd rather return it intact. The accompanying letter stated the family expected confirmation of my "next steps" in relation to the estate by 16th March at the latest or they would require to start proceedings to have me removed as an unfit person.
I really have neither the time nor the inclination to deal with these kind of people.:(

You did not expect to be an executor, and I think it highly unlikely he would not have left you at least a token gift. The envelope is addressed to you there is nothing to fear in opening it, even if you have already made your mind up what to do.

Froggitt

Some good advice here. Im sure you can employ a solicitor as joint executor, and he gets paid out of the estate. However OPEN THE WILL. That won't commit you to anything......and it may help you decide what to do e.g. if there's half a mill coming your way, you may want to retain some involvement, and if its just the budgie droppings, renounce and appoint as above.