executors role

getmore4less

Marktheshark wrote: »

There is no executor without a grant of probate and only become executor if granted status to act.

It does not matter how many time you say it, it won't make it true.


plenty of references on the web.

http://www.ambrose.appelbe.co.uk/powers-and-duties-of-executors/

Marktheshark

getmore4less wrote: »

It does not matter how many time you say it, it won't make it true.


plenty of references on the web.

http://www.ambrose.appelbe.co.uk/powers-and-duties-of-executors/

Sigh ...:(
Don't really think you understood what you read.

dzug1

Marktheshark wrote: »

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.

If he suspects the estate may be insolvent he has the duty to tell the relatives so they can decide how far they want to commit themselves.


You seem convinced he's up to no good on zero evidence that I can see - maybe, but that's not the only explanation

Mojisola

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.

If the deceased chose this person to be his executor rather than any family member, it suggests that the executor was trusted to act in the way the deceased wanted.

If the deceased gave the executor instructions about what the funeral should be like or how much should be spent on it, the deceased's wishes should be respected by the family.

G6JNS

Marktheshark wrote: »

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.

The executor is appointed by the will. That is a well established legal fact. Obtaining probate confirms the appointment and authorises the executor to distribute the estate according to the will. The reason the executor should be involved is to ensure that the relatives do not squander estate funds without proper authority. If someone orders an extravagant funeral then they are liable and the estate is not obliged to reimburse them.

Ches

Plenty of money in the estate. The executor in question did happen to be beside the bed when death occured but family members had only just stepped outside the room. He has contacted the funeral directors, arranged to collect the death certificate and insists he must be at the meeting with the funeral directors despite close family member saying she would prefer to do the arranging herself.

Ches

Thank you all for your replies.

Savvy_Sue

Is he the only executor?

As he has the death certificate, his involvement is required, in that the FD won't proceed without it (and the green form if there's going to be a cremation).

It is also possible that he is aware of the deceased's wishes, either through the will or through final conversations.

I think it's always worth trying to go for the conciliatory approach rather than the confrontational "I don't want you there" one. After all, you don't yet know if there is a conflict between what the family member wants, and what the executor feels he has been instructed to do.

Can the OP help negotiate between them?

Ches

Thanks for all the replies. When he went to collect the DC today the Coroner refused as he wasn't NOK so they rang the family member to get permission. My DD was very pleased the Coroner had acknowledged her as the proper NOK. She was also pleased that the FD put all the arrangements in her name as she was family so it all resolved itself in the end. Pity he was so pushy and upset my DD first. Once again thank you all. Your replies were very helpful.

G6JNS

Ches wrote: »

Thanks for all the replies. When he went to collect the DC today the Coroner refused as he wasn't NOK so they rang the family member to get permission. My DD was very pleased the Coroner had acknowledged her as the proper NOK. She was also pleased that the FD put all the arrangements in her name as she was family so it all resolved itself in the end. Pity he was so pushy and upset my DD first. Once again thank you all. Your replies were very helpful.

Interesting to hear this. NOK has no legal meaning but is just used by hospitals as the point of contact about a patient. For example I have no close living relatives and when I was in hospital I simply nominated my executor as NOK. Furthermore I have given specific instructions in my will about cremation etc. Whilst I fully understand the situation described the executor might, in some circumstances have well had good reason to be involved. For example the testator may have left specific instructions in their will, that they discussed before death with the executor, regarding their wishes about the funeral. IMHO those wishes should be respected by the deceased's family and override their wishes.