executors role

Ches

Can someone please tell me if an executor who is not family can insist on being present when family visit the funeral directors to arrange the funeral. He says he can because while the deceased was in hospital he was made next of kin because of being the closest point of contact at that time.

Tuesday_Tenor

That's an interesting question.

I would think that: Yes he can, as he is the executor, and therefore responsible for paying for the funeral from the estate and for carrying out any funeral wishes as expressed in the will or associated documents. Do you have a copy of the will, and are any funeral wishes (cremated? where to be buried?) expressed in it?

Normally a non-family executor, such as a solicitor, would leave it to the family to arrange the funeral, on the assumnption that they knew the deceased and his/her wishes best, and he/she would make them aware of any specific requirements from the will. Also assuming the costs were going to be reasonable, nothing outlandishly expensive planned.

Does the executor know the deceased's recent life and recent friends better than the family do? If so, sounds like maybe you should join forces to plan the funeral anyway.

'Next of kin' has no legal meaning. He may have been the first point of contact as far as the hospitalwas concerned, but that is all.

Any right to involvement in the funeral comes from him being executor of the will, not from being given any general 'next of kin' rights/responsibiliuties by the hospital.

Marktheshark

The nearest surviving blood relative can arrange the funeral and the estate has to pay the bill.
Like it or lump it.
Until they apply and are granted probate they are not executor, they are nomination for executor.
Until probate is granted, responsibility for the funeral arrangements is blood relatives, they can ask the bank of the recently parted to pay the funeral bill or await probate and pass it to the estate.

getmore4less

Marktheshark wrote: »

The nearest surviving blood relative can arrange the funeral and the estate has to pay the bill.
Like it or lump it.
Until they apply and are granted probate they are not executor, they are nomination for executor.
Until probate is granted, responsibility for the funeral arrangements is blood relatives, they can ask the bank of the recently parted to pay the funeral bill or await probate and pass it to the estate.

The authority to act comes from being named in the will.

getmore4less

who registered the death and has the green form?

not a lot can be done without it.

The death should be registered by one of the following (in order of priority):-
•a relative who was present at the death
•a relative present during the person's last illness
•a relative living in the district where the death took place
•anyone else present at the death
•an owner or occupier of the building where the death took place and who was aware of the death
•the person arranging the funeral (but not the funeral director).

G6JNS

Marktheshark wrote: »

The nearest surviving blood relative can arrange the funeral and the estate has to pay the bill.
Like it or lump it.
Until they apply and are granted probate they are not executor, they are nomination for executor.
Until probate is granted, responsibility for the funeral arrangements is blood relatives, they can ask the bank of the recently parted to pay the funeral bill or await probate and pass it to the estate.

That is simply untrue. The person who arranges the funeral has the legal responsibility to pay. The executor is appointed by the will not by probate. The bank are not obliged to pay unless the executor agrees.

G6JNS

Ches wrote: »

Can someone please tell me if an executor who is not family can insist on being present when family visit the funeral directors to arrange the funeral. He says he can because while the deceased was in hospital he was made next of kin because of being the closest point of contact at that time.

Next of kin has no legal meaning. The executor may be concerned that the relatives will organize an expensive funeral and then expect the estate to pick up the bill. There may not be the funds in the estate to pay.

Marktheshark

Funeral costs are a primary expense of any estate.
There is no executor without a grant of probate and only become executor if granted status to act.
The blood relatives can organise the funeral, the executor of the estate can not interfere , make demands, set costs, their job is to administer the estate only in accordance with the will and settle any primary costs.

I suspect they are named beneficiary and looking to protect the money by demanding a cardboard box funeral.

If this is the case, I would make sure the send off, sees the money grabber off.

dzug1

If there are no or insufficient funds in the estate to pay then the relatives pick up the (rest of) the bill

Marktheshark

dzug1 wrote: »

If there are no or insufficient funds in the estate to pay then the relatives pick up the (rest of) the bill

Nobody is saying otherwise, thats fact.
However, this person nominated executors role has no place demanding to be involved in funeral arrangements, it kind of smells of money grabbing to ask to get involved.

I would simply tell them to keep their nose out of family business.

Mojisola

dzug1 wrote: »

If there are no or insufficient funds in the estate to pay then the relatives pick up the (rest of) the bill

The person who signs the contract with the FD is responsible for paying the bill.

No-one else is obliged to contribute.