When an executor doesn't know they are executor.

helie

I have scoured through lots of posts and have seen many criticising executors but, what if the executor has never been told they have the job to do?
I ask because it happened to me and I found out when I received a solicitors letter 3 years after my Mothers death inviting me in to sign final papers. There have been further developments since (a beneficiary died) and yet, I received no notification but, according to my Father, both he and her husband did.

Yorkshireman99

helie wrote: »

I have scoured through lots of posts and have seen many criticising executors but, what if the executor has never been told they have the job to do?
I ask because it happened to me and I found out when I received a solicitors letter 3 years after my Mothers death inviting me in to sign final papers. There have been further developments since (a beneficiary died) and yet, I received no notification but, according to my Father, both he and her husband did.

Clearly an executor cant act, or be liable, unless they have been notified.

thegrouch314

Yorkshireman99 wrote: »

Clearly an executor cant act, or be liable, unless they have been notified.

I wonder if there's a way to prove that they were or were not informed.
I'm not doubting that OP didn't know, to be clear. I'm just wondering if I need to get the executor of my estate to sign something to prove she know'n she's the executor (she does know, to be clear. I just want to cover all my bases)

Yorkshireman99

thegrouch314 wrote: »

I wonder if there's a way to prove that they were or were not informed.
I'm not doubting that OP didn't know, to be clear. I'm just wondering if I need to get the executor of my estate to sign something to prove she know'n she's the executor (she does know, to be clear. I just want to cover all my bases)

If an application for probate is made then all executors would usually have to sign agreeing to act or renounce. The OP should ask the solicitor what is going on.

theoretica

They are definitely asking you to sign as an executor, not as a residual legatee?

pphillips

thegrouch314 wrote: »

I wonder if there's a way to prove that they were or were not informed.
I'm not doubting that OP didn't know, to be clear. I'm just wondering if I need to get the executor of my estate to sign something to prove she know'n she's the executor (she does know, to be clear. I just want to cover all my bases)

Executors don't have to be notified but if you do want to notify her then perhaps send them a letter by registered post with details of where your will is kept.

kidmugsy

Whose job is it to tell the executor that he is an executor? (Supposing that the deceased hadn't mentioned it to him.)

I know of one case of a next-of-kin finding out he was next of kin only by a phone call from the hospital announcing the death, and finding out he was an executor only by a phone call from a professional co-executor.

Yorkshireman99

kidmugsy wrote: »

Whose job is it to tell the executor that he is an executor? (Supposing that the deceased hadn't mentioned it to him.)

I know of one case of a next-of-kin finding out he was next of kin only by a phone call from the hospital announcing the death, and finding out he was an executor only by a phone call from a professional co-executor.

IMHO the testator should always ask the person if they are prepared to be executor and tell them who holds the original will. Nobody is obliged to act if they don’t wish to do so and can always renounce before taking any action.

getmore4less

helie wrote: »

I have scoured through lots of posts and have seen many criticising executors but, what if the executor has never been told they have the job to do?
I ask because it happened to me and I found out when I received a solicitors letter 3 years after my Mothers death inviting me in to sign final papers. There have been further developments since (a beneficiary died) and yet, I received no notification but, according to my Father, both he and her husband did.

Who instructed the solicitor?

Flugelhorn

Yorkshireman99 wrote: »

IMHO the testator should always ask the person if they are prepared to be executor and tell them who holds the original will. Nobody is obliged to act if they don’t wish to do so and can always renounce before taking any action.

I totally agree

I only found out I was my parents' executor after my father's death - they didn't discuss it with me as that would have meant mentioning ....... DEATH. They were terribly superstitious and probably thought I would be upset. As a doctor I think I had worked out by then that that was happened to all of us and no amount of ignoring it makes the inevitable go away.

Suffice to say that our kids have known from the age of 18 that they were executors and who sensible people were who could help them if needed.

kidmugsy

Yorkshireman99 wrote: »

IMHO the testator should always ask the person if they are prepared to be executor

My question was what happens when the deceased has not done so.