Executor to will advise please

wannaberich41

My father has recently passed and mum informs me there are 2 executors named on the will. Do they deal with everything? The only reason asking as a sibling has taken from mum all his pension informations and insurance is this correct to do? Or should the executors or mum herself advise the pension and life insurance people?
Is she best to get a solicitor as we do not understand what you really have to o with a will. Do they have to be read legally? Does everything automatically go to mum if that's what it states in the will?
What's probate mean? Do we have to apply or executors to the courts for anything?
Thank you in advance.

Yorkshireman99

wannaberich41 wrote: »

My father has recently passed and mum informs me there are 2 executors named on the will. Do they deal with everything? The only reason asking as a sibling has taken from mum all his pension informations and insurance is this correct to do? Or should the executors or mum herself advise the pension and life insurance people?
Is she best to get a solicitor as we do not understand what you really have to o with a will. Do they have to be read legally? Does everything automatically go to mum if that's what it states in the will?
What's probate mean? Do we have to apply or executors to the courts for anything?
Thank you in advance.

The executors are responsible for dealing with the will in every way. The sibiing has no business dealing with things unless they are the executor. They should hand everything over to the executor at once. Read the "stickies" on thsi forum to start with. Will are only read out in fiction. The will sets out who gets what and nothing passes automaticly to the spouse. In particular read up on the facility to tell us once. ANy bank or building society shoul;d be told at once.

TBagpuss

The executors are responsible for dealing with all of the assets and debts, and then distributing the estate in accordance with the will.

There is no reason why your sibling can't inform the pension company or others of your dad's death, and doing that quickly may be helpful, particularly if it means that it it reduces the amount of post etc addressed to your dad that comes, which might be distressing for mum.

Notifying people of someone's death isn't 'intermeddling' or interfering with the executors rights. It doesn't matter who does it, but it's generally a good thing to let organisations know as soon as possible as that way, there are less likely to be over payments which have to be paid back.

With insurance, and death benefits on pensions, these don't always form part of the estate, it depends on how the policies are set up,. In some cases the benefits (if any) go directly to the beneficiary nominated in the policy. I think this may well be the case if there are widows benefits under your dad's pension.

For assets that don't fall into that category the company concerned is likely to want to see a copy of the grant of probate in any event, (or a signed indemnity confirming that the person making any clam is the executor or administrator)

However, your mum can ask your sibling to pass on all the information and any documents, to the executors, and you or she can let the executor know that your sibling has that information / documents so that they know.

TBagpuss

The will isn't 'read' in the sense of having to met up and have someone read it ot. The executors read in and follow it, and once probate has been granted, anyone can apply to the court for a copy.

The executors have to apply for probate, which they do by sending the appropriate forms and documents to the probate registry. The probate registry is part of the Courts Service but there is no hearing or court proceedings involved.

At this stage, all you/your mum need to do is let the executors know of your dad's death, and provide them with the death certificate, and they should be able to take it from there.

You should not need to instruct a solicitor . The executors are entitled to use a solicitor if they wish to help in healing with the estate, and the costs of that would come out of the estate. If the executors are solicitors then they will be entitled to charge for their time in dealing with the estate.