Executor of Will

laroc

Who has authority over a Will, the executor or the remaining Spouse

My father-in-laws sister is the executor, but she is even starting to have say in things even before he has passed away
He is also a great collector of books which my mother-in-law would like me to dispose of as soon as he has passed away
Sister says, they are going nowhere

But surely, the remaining Spouse can determine what happens to his personal effects
ie:- collections etc

So whats the legal position over this
Does being a Spouse have any legal rights in any of this ?

Gers

An executor only comes into play once a person has died.

http://www.lawpack.co.uk/wills/articles/article1582.asp

I have no legal training so can only refer you to my internet searches, which all say the same thing.

missile

The executor has authority to implement whatever is stated in the will. What does that say? http://probate.uk.com/executor_duties.html

Anyone can contest the executor actions. Dependants, e.g. the diseased wife, can claim > http://probate.uk.com/dependency_claims.html

laroc

Gers wrote: »

An executor only comes into play once a person has died.

http://www.lawpack.co.uk/wills/articles/article1582.asp

I have no legal training so can only refer you to my internet searches, which all say the same thing.

That`s stating the obvious !

laroc

missile wrote: »

The executor has authority to implement whatever is stated in the will. What does that say? http://probate.uk.com/executor_duties.html

Anyone can contest the executor actions. Dependants, e.g. the diseased wife, can claim > http://probate.uk.com/dependency_claims.html

Thanks for that info

chesky

You might get further information if you post in the 'marriage and relationships' board under the sub-board 'death, wills and probate'.

chesky

...... Forget I said that, I see you already did that back in February.

Gers

laroc wrote: »

That`s stating the obvious !

Is that not EXACTLY what you asked for? The obvious? As an executor only executes a will then there's no remit for pre-death intervention.

Not sure what else you expected as an answer, and I was trying to help even though you could have done the same simple internet search that I did.

Gers

laroc wrote: »

Who has authority over a Will, the executor or the remaining Spouse

My father-in-laws sister is the executor, but she is even starting to have say in things even before he has passed away
He is also a great collector of books which my mother-in-law would like me to dispose of as soon as he has passed away
Sister says, they are going nowhere

But surely, the remaining Spouse can determine what happens to his personal effects
ie:- collections etc

So whats the legal position over this
Does being a Spouse have any legal rights in any of this ?

https://forums.moneysavingexpert.com/discussion/5409925

Back in February your question inferred that the man was already dead, now you imply that he's still alive.

Confused

Keep_pedalling

If this person is still alive and has the mental capacity to do so he should make a new will appointing his children as executors. This will hopefully remove any conflict and greatly reduce the chance the chance of his executor pre deceasing him

If his book collection has been left to someone other than his wife then she can't dispose any of them.

Arthurian

The executors are in charge of the estate, which is all the deceased's property, money and possessions. That includes the books.
https://www.gov.uk/wills-probate-inheritance/overview