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Value of estate question

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Comments

  • Linton
    Linton Posts: 18,524 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Hung up my suit!
    edited 13 September 2017 at 9:44AM
    Saddness wrote: »
    Hi.

    This is the first time using this forum, so i apologies if I'm doing it wrong.

    I'm just needing some advice, how much power does an executor have over the beneficiary's in decision making.

    There are two of us who are the executors, both of us are representing each others side of the family as my father (now deceased) remarried and so there are step children involved.

    The problem is that there is myself and my sister, who are my fathers blood, and then there are 4 step children from the marriage.

    it feels like the steps are all ganging up on me and manipulating the other executor which is their sister to have things go in their direction.

    how much power by the title of executor do i have?

    It would be better if you started a fresh thread, otherwise replies to you and the original poster will get confused.

    As an executor you have the power and the duty to implement the terms of the will. No-one else has that. There shouldnt be any other direction in which things can go. Neither of you should be representing anyone.

    Whether you (or your co-executor) can act unilaterally depends on the terms of the will. - if executors cant agree in the final instance it will have to be decided by the courts at great expense to all concerned.

    What are the issues?
  • Saddness wrote: »
    Hi.

    This is the first time using this forum, so i apologies if I'm doing it wrong.

    I'm just needing some advice, how much power does an executor have over the beneficiary's in decision making.

    There are two of us who are the executors, both of us are representing each others side of the family as my father (now deceased) remarried and so there are step children involved.

    The problem is that there is myself and my sister, who are my fathers blood, and then there are 4 step children from the marriage.

    it feels like the steps are all ganging up on me and manipulating the other executor which is their sister to have things go in their direction.

    how much power by the title of executor do i have?
    The executors are the ones who make the decisions. Beneficiaries have no say in the matter. If they don't like it they can ultimately take the executors to court. The executors are legally obliged to act impartially. Your sister needs to be told that very firmly.
  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    katy123 wrote: »
    Thanks, I think I've managed to join all the dots.

    Who can apply for letter of administration? She had no next of kin (all abroad), wasn't married and had no children. Can my grandad or even my dad step in (i'm third generation).

    You've helped me piece it all together. Thank you so much. Given that solcitors do not/will not act as executor for small estates, there's an incentive for beneficiaries to under declare the estate to them in the hope they will renounce their executorship...some people would do that, obviously not us.

    You have said no next of kin. Then all abroad. Being abroad does not change their relationship to the deceased. If they are known they must be contacted.
    I am not a cat (But my friend is)
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