questions for when time comes (executor )

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  • iammumtoone
    iammumtoone Posts: 6,377 Forumite
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    Thank you everyone you have made me feel better.

    I didn't realise I could ask anyone to do it, I thought it was just the named executor (me) or a solicitor. My Dads partner wouldn't be capable, but there are other family members/friends who could.

    I know where the will is, he told me. My dad is a very organised person and I am sure along with it will be a list of where I am to find the other important papers.
  • BobQ
    BobQ Posts: 11,181 Forumite
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    edited 31 October 2016 at 12:14AM
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    Thank you everyone you have made me feel better.

    I didn't realise I could ask anyone to do it, I thought it was just the named executor (me) or a solicitor. My Dads partner wouldn't be capable, but there are other family members/friends who could.

    I know where the will is, he told me. My dad is a very organised person and I am sure along with it will be a list of where I am to find the other important papers.

    Just to clarify, you may find that the Will limits the scope you have. For example it might say "I apppoint A as my executor, but if they are unable to act, I appoint B. If neither A or B are able to act I appoint the firm of Solicitors C to be my executors."

    But you can remain as the executor and get others to help you including a solicitor of your choice. Think of the solicitor as being employed by you not as becoming the executor.

    If you renounce being executor, then the responsibility would transfer to whoever is defined in the Will. If none of those named were willing to act, someone else could get approval to be the executor by applying for Probate. Usually they will expect the person to be a beneficiary, friend, a close relative or a solicitor - so not "anyone".

    But the best option is for you to remain as executor get others you trust to help with some of the work and employ a solicitor to help/advise you as you need to. That way you stay in control.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • BobQ
    BobQ Posts: 11,181 Forumite
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    Alderbank wrote: »

    Iammum, an alternative and less costly option would be for you to renounce, and his partner or another of the family members you mention (does not have to be a beneficiary) to step up as administrator.

    That depends on what the Will says. You cannot apply for a Grant of Administration if there is a Will that names a willing executor. Many professional wills include the firm who drew up the Will as an alternative executor.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
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