Executor of Will

laroc

The scenario:-
Husband dies and leaves behind wife and his Sister
Sister is the executor to his Will and doesn`t get on with wife
Who has the ultimate say in what happens to his personal possessions ?
Wife or his sister ?

wwl

The executor.

getmore4less

What does the will say.

Savvy_Sue

wwl wrote: »

The executor.

Who has to do what the will says.

getmore4less wrote: »

What does the will say.

So if the will says "I leave it all to my wife" or "I leave my stamp collection to my sister and the rest to my wife" then the wife gets to deal with personal possessions.

So it could be worth posting the actual wording of anything which might include the personal possessions, or the residue.

It gets tricky if the executor knows or believes that the husband had items of value - a collection of antique cufflinks for example - which would need to be taken into account in valuing the estate, and the wife just wants to be shot of the lot. Or vice versa, the wife wants to hang onto things and the executor says things have to be sold.

System

wwl wrote: »

The executor.

based on the content of the will

konark

Why would you even do that?

Have your sister, who doesn't get on with your wife , as executor! It's a recipe for conflict!

Keep_pedalling

Presumably the widow is named as the residual beneficiary, in which case all items not specifically left to any other individual will go to her. If not who ever is the residual beneficiary should receive them.

laroc

Thanks for all that advice

I dont know if their is a Will, something my grey cells had not thought of, but knowing the husband I am sure he has thought of that.
Yes, Husbands sister and his wife a recipe for conflict
I was the original executor, but I had to step down because of health reasons
He then nominated his sister as the replacement.
Phew, it`s like oil and water

Keep_pedalling

laroc wrote: »

Thanks for all that advice

I dont know if their is a Will, something my grey cells had not thought of, but knowing the husband I am sure he has thought of that.
Yes, Husbands sister and his wife a recipe for conflict
I was the original executor, but I had to step down because of health reasons
He then nominated his sister as the replacement.
Phew, it`s like oil and water

This is confusing, you can't have an executor without a will, so there must be one. You also talk about him in the present tense so am I correct in assuming he is still alive? If so I would get him to start over and get a new will drawn up by a solicitor, and review his executors. Under the circumstances make his wife the primary executor, with a solicitor as a fall back if you can really no longer act in that capacity.

getmore4less

laroc wrote: »

Thanks for all that advice

I dont know if their is a Will, something my grey cells had not thought of, but knowing the husband I am sure he has thought of that.
Yes, Husbands sister and his wife a recipe for conflict
I was the original executor, but I had to step down because of health reasons
He then nominated his sister as the replacement.
Phew, it`s like oil and water

Is this guy dead or not?

If no will the wife is first in line to administer the estate,

Did you just get told you were executor, if so the first question you ask is where is the will kept so I can find it when you die.

if there is a will you could have remained executor and stayed in control letting someone else to the job for you through POA or appointing solicitors.

Mojisola

laroc wrote: »

Yes, Husbands sister and his wife a recipe for conflict

He then nominated his sister as the replacement.

What a very unkind thing to do to his wife.