executors role

Mojisola

Ches wrote: »

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.

So she is now personally responsible for the bill.

Best make it up with the executor because reimbursement from the estate could be dragged out if he/she wants to be awkward.

G6JNS

Mojisola wrote: »

So she is now personally responsible for the bill.

Best make it up with the executor because reimbursement from the estate could be dragged out if he/she wants to be awkward.

If someone has taken it upon themselves to order the funeral at their expense without agreeing it with the executor then the estate probably has no liability to reimburse.

getmore4less

The allowable funeral expenses remain a debt whoever arranges them.

G6JNS

getmore4less wrote: »

The allowable funeral expenses remain a debt whoever arranges them.

Can you cite any case law on this? A third party cannot bind the estate to pay without due authority. For example if someone decided to order an elaborate, and expensive funeral, then the esate could not be expected to pay. Indeed their might not be sufficient funds to do so anyway.

getmore4less

G6JNS wrote: »

Can you cite any case law on this? A third party cannot bind the estate to pay without due authority. For example if someone decided to order an elaborate, and expensive funeral, then the esate could not be expected to pay. Indeed their might not be sufficient funds to do so anyway.

You find something that says reasonable funeral expences are only payable from an estate if agreed or organised by the executor.

The key will be allowable/reasonable expenses as that is what is allowed.

It is the funeral cost that are the debt and are claimable agains the estate

councills do it quite alot when they are left with the funerals.

getmore4less

Marktheshark wrote: »

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

Picked a bad example in a hurry,

The Law society sums it up much better.
http://www.lawsociety.org.uk/for-the-public/common-legal-issues/probate/

If you are named as an executor of a will you may need to apply for a grant of probate.

A grant of probate is an official document which the executors may need to administer the estate


The status of executor and the issue of a grant are seperate.

Further to that all the powers to administer the estate come from the will, not the grant that is just a court confirming/rubber stamping that authority to deal with an estate.

Around 50% of estates in the UK never get a grant.

In practice a grant is the way to go as it simplifies a lot of things that would be quite difficult with just a will. But an executor can get on with the job before the grant is issued.

G6JNS

getmore4less wrote: »

You find something that says reasonable funeral expences are only payable from an estate if agreed or organised by the executor.

The key will be allowable/reasonable expenses as that is what is allowed.

It is the funeral cost that are the debt and are claimable agains the estate

councills do it quite alot when they are left with the funerals.

You are mixing up responsibility of the executor, and the liability under contract and common law. The executor is in effect the agent of the deceased and is responsible for dealing with all the deceased's liabilities the first of which is to pay the funeral expenses but that is not an open ended liability. The executor may not even know at that point of the will contents appointing him. If someone else, voluntarily, takes on the task of arranging and paying for the funeral that is entirely their choice. They cannot in common, or contract law bind the executor to pay out of the estate. Consider the case of someone arranging an extravagant funeral costing £10,000 without the knowledge, or consent of the executor. Are you seriously suggesting that the estate is liable? Of course not. It is a fundamental principle of English contract law that nobody can be bound by it if they have not freely entered into the contract. The estate is not liable in any way shape or form to reimburse the costs that someone else has incurred without the knowledge or consent of the executor. In the case of a local authority or hospital arranging the funeral because nobody else is willing, or able to do so, they might have a claim as they will have paid for as inexpensive funeral as possible. Where is your evidence that support your assertion that Councils often do this? However, I am not aware of any cases where they have successfully sued the estate to do so.

antrobus

G6JNS wrote: »

..... Where is your evidence that support your assertion that Councils often do this? However, I am not aware of any cases where they have successfully sued the estate to do so.

They are known as Section 46 funerals.

That's because s46 of the Public Health (Control of Disease) Act 1984 imposes on councils the obligation to hold funerals for the dead, if nobody else will.

The same S46 also states that they "may recover from the estate" the cost of such funerals. But that would be a matter of statute, not contract law, and would only apply to councils, and not some other third party.

G6JNS

antrobus wrote: »

They are known as Section 46 funerals.

That's because s46 of the Public Health (Control of Disease) Act 1984 imposes on councils the obligation to hold funerals for the dead, if nobody else will.

The same S46 also states that they "may recover from the estate" the cost of such funerals. But that would be a matter of statute, not contract law, and would only apply to councils, and not some other third party.

Thanks for that clarification. In many cases, AIUI, a S46 funeral often happens because the deceased has no assets so the question of recovering the costs is academic.

Ches

Executor was 1 of 2 the other being another family member. The estate is going to be close to 300k which is left in equal amounts to the 2 who are executors, another 2 close family members and the brother of the executor who isn't family. Funeral arrangements are not excessive and now have been left to the 3 family members to sort as they are children of the deceased.