Questions for Executor

bradsalmon

Hi all,

I thought I had read in this forum about a common or standard list of questions for the executor of a will? Is there such a thing?

Presumably these would be aimed at getting a copy of the will intended to be used for probate as well as any historic wills, plus any other pertinent information.

Any ideas?

Brad

troubleinparadise

I'm not sure what you mean by a list of "questions" for an executor - but there are books that are guides for an executor listing their duties, or online help via the internet from official sources such as gov.uk:

https://www.gov.uk/wills-probate-inheritance/overview

The executor would need the original Will, not a copy, to complete the appropriate forms and submit for Probate, for instance. HIstorical wills which have been superseded by the latest will are not relevant nor needed.

Do have a particular question about acting as an executor?

securityguy

bradsalmon wrote: »

Presumably these would be aimed at getting a copy of the will intended to be used for probate as well as any historic wills, plus any other pertinent information.

A copy of the will is useless: you need a signed original.

The historic wills are entirely irrelevant: what do you think you would do with them? And that even if they still exist; the wise testator will have physically destroyed the originals to avoid confusion and possible fraud.

da_rule

Are you looking for a list of questions (a bit like a check list) for what you need to do when acting as an executor?

Or, are you just trying to request information/documents from an executor?

bradsalmon

Hi all,
The thread has gone off at slightly the wrong angle, probably because I didn't describe the situation.
The background is that I have a caveat in place for an estate within the family. The solicitor which is acting as the executor has sent me a strongly worded letter but stopped short of formally sending me a warning and hence me having to make a formal address (however I am sure this will come). So for now I essentially want to ask questions which will make the execution of the estate more visible as the family member involved is being very closed about the process.
Hence my questions regarding being able to obtain a copy of the will and any historic versions as well. Surely if the validity of the will was to be questioned then all historical documents would be reviewed, especially if there was an investigation by any authorities.
Outside of that I was asking as wanted to learn from others experiences and see if there was anything that I should be asking now to avoid asking more further down the line.
Regards,
Brad

troubleinparadise

Sorry, I misunderstood your original question.

Have you taken legal advice yourself about this matter?

Mojisola

bradsalmon wrote: »

So for now I essentially want to ask questions which will make the execution of the estate more visible as the family member involved is being very closed about the process.

Hence my questions regarding being able to obtain a copy of the will and any historic versions as well.

The executor doesn't have any legal obligation to answer questions. I kept my siblings informed along the way but I could have been very closed about all the details and they wouldn't have been able to do anything.

The will becomes available to anyone who wants to buy a copy after probate. Previous wills should have been destroyed when superseded - a practice designed to prevent complications after the death.

bradsalmon

unofficially yes - it was agreed that the best approach at present would be to find out some more facts. However the advice didn't include how to find those facts or what questions to ask the executor of the estate.

bradsalmon

Quote:
Mojisola - "Previous wills should have been destroyed when superseded - a practice designed to prevent complications after the death."

Not wishing to start an argument bit surely this can't be true. If a will is proven to be invalid then a previous will can be used by the executor, hence all wills are essentially of worth until an estate is distributed. Even then a challenge can be made at any point in the future and hence situations could arise where historical wills were required.

In relation to sharing not being a legal obligation, I agree, however given that probate prefers mediation when there are 'questions' how can parties mediate if they don't know what they are talking about? There has to be a practical approach to this, which I guess is essentially what I am trying to find.

Thank you,

Brad

Mojisola

https://www.citizensadvice.org.uk/relationships/death-and-wills/wills/
"The new will should begin with a clause stating that it revokes all previous wills and codicils. The old will should be destroyed. Revoking a will means that the will is no longer legally valid."

Unfortunately there is very little protection against executors who don't do the job well or who do act fraudulently.

If there is a suspicion that pressure was put on the deceased to change their will, it's very difficult and very expensive to try to prove this.

troubleinparadise

There's no obligation to keep previous wills in case a new will is invalid - but if a will has been made using a solicitor, then their notes can be useful in ascertaining what the discussions were in relation to meetings where the will was drawn up.

If it is a diy will, then that is much more difficult to research.