Executor

seven-day-weekend

I have agreed to be her executor, she is leaving everything to two charities and one of them at least knows about it. I will have to hope that they act in a reasonable manner!!

thanks all for your
advice.

Yorkshireman99

seven-day-weekend wrote: »

I have agreed to be her executor, she is leaving everything to two charities and one of them at least knows about it. I will have to hope that they act in a reasonable manner!!

thanks all for your
advice.

When the time comes do not, under any circumstances, allow the charities to bully you. Take your time and keep exact records.

securityguy

Silvertabby wrote: »

When we were making our Wills, our solicitor advised us that we should allocate £s per charity, not a percentage of our estate.

Seems that when charities are left a %, they do all they can to maximise their 'share' even if it means refusing any offers for the property/assets if they feel if they can get more. The estate can't be finalised while all this is going on, so any other bequests can't be paid out either.

How would they be able to do that, unless they are executors? It's often been pointed out here that beneficiaries have far fewer rights over the conduct of the estate than they think; hat goes a fortiori for people who cannot in any imaginable world claim to be dependents. The executors wind up the estate and pay money to the charity, including any property sales. The charity is no more entitled to estate accounts and information about the winding up of the estate than any other beneficiary, which is to say, (other than in exceptional cases which are highly unlikely to apply) they aren't entitled to anything until after the process is completed. They don't have a say in how disposals are done, unless there is clear and manifest malpractice on your part (sale at auction, by the way, is almost completely unchallengeable by beneficiaries).

I'm inclined to agree with people who say that acting as executor for an estate in which you are not a beneficiary and a charity is the main and residual beneficiary is work for no return, but if the honour of service is sufficient motivation then you should proceed. However, it is true to say that charities attempt to exert a lot of pressure on executors in these situations, and although you are perfectly entitled to tell them to get stuffed, it's one thing saying that in the abstract and another saying that in response to a formal letter from their legal department. Personally, I would pass the whole estate to the charity, but I can see why you might not.

As YM says, keep very good records, and resist attempts by the charity to play as executor without responsibility: either you are the executor, in which case they can get stuffed until you cut the cheque, or they are the executor, and you renounce absolutely. Don't let them mess you around.

seven-day-weekend

Resurrected this thread to say that I have found out that I AM a beneficiary (much to my surprise). Does this make any difference to the advice given?

AnotherJoe

I think it makes it more in your interest to be an executor.
I have just started this process and so far found it very easy helped by the fact that the estate is very simple, one house, no mortgage, a few bank accounts and really nothing of worth in terms of personal possessions. No Rembrandts, gold watches or anything saleable really. No shares, investments overseas interests company ownership etc.

Ask your friend to make a clear list of where her main assets are and leave it with a copy of the will so its easy for the executors, be that you or someone else, to track down assets.

I know someone who's spent two years and likely a fair chunk of the estate once you add in solicitors costs, unravelling all the numerous and complex dealings of the deceased (who also died without leaving a will making the whole process a nightmare) much of that tracking down where everything he owned was located by having to pore through numerous documents stored in several houses !

Yorkshireman99

seven-day-weekend wrote: »

Resurrected this thread to say that I have found out that I AM a beneficiary (much to my surprise). Does this make any difference to the advice given?

Do not, under any circumsatnces, allow the charities to bully you or interfere in any way. Do everything by the book including publishing the statutory notices.If they do contact you just tell them that the executorship will proceed in the ordinary manner and tell them nothing further will be disclosed until the final distribution is made. Charities can actually try to harass executors. If need be remind them that hasassment WILL be reported to the police.

Margot123

seven-day-weekend wrote: »

Resurrected this thread to say that I have found out that I AM a beneficiary (much to my surprise). Does this make any difference to the advice given?

Don't take this the wrong way, but have you seen the will and can confirm you are a beneficiary?

People can be very strange when writing their wills, as much as you trust them to be truthful. An old person I knew led certain family members to believe they were beneficiaries; they fussed around them like servants, only to find it was all left to a charity and a 'wayward' nephew, apart from token keepsakes.

seven-day-weekend

Margot123 wrote: »

Don't take this the wrong way, but have you seen the will and can confirm you are a beneficiary?

People can be very strange when writing their wills, as much as you trust them to be truthful. An old person I knew led certain family members to believe they were beneficiaries; they fussed around them like servants, only to find it was all left to a charity and a 'wayward' nephew, apart from token keepsakes.

Yes I have seen it, that's how I know I am a beneficiary.:)

seven-day-weekend

Margot123 wrote: »

Don't take this the wrong way, but have you seen the will and can confirm you are a beneficiary?

People can be very strange when writing their wills, as much as you trust them to be truthful. An old person I knew led certain family members to believe they were beneficiaries; they fussed around them like servants, only to find it was all left to a charity and a 'wayward' nephew, apart from token keepsakes.

:rotfl::rotfl:
A friend of mine who was a carer for an elderly lady, was told she had a 'mention' in the will. My friend expected maybe a piece of costume jewellery, or a token monetary payment.

She got £100k.

So did the other carer, and the District Nurse.

The old lady had left a note with her will saying that these three people had shown her far more love than her family, therefore they would get the lot between them.

Anyway, thanks all for your help, much appreciated.