Joint Executor questions

MoneySavingnoob

Hey all,

My father has just passed away (mother passed away 2 years ago) and I'm named as the Executor of the will which was made over 30 years ago because I'm the eldest sibling and they thought that was the right thing to do.

I have 3 siblings and the estate has to be split 4 ways.

One of my brothers has just announced that he wants to become a joint executor of the will because he thinks it is what my father would have wanted. He has already been in contact with the solicitors and has arranged a meeting with them this week apparently where they're bringing paperwork and to see how things are going apparently. I've tried calling him to find out why but he's not responding. I just wanted to try and get some questions answered before I call the solicitor tomorrow morning.

I have 2 questions.

1) Under Scots law, who is the client? Myself as the Executor or the Beneficiary? If it is myself as the client, can I instruct the solicitor to stop dealing with my sibling?

2) Again under Scots Law, if the executor is still alive, can the role of executor be challenged by my sibling against the wishes of my parents? Would he have to contest the will for this to happen?

I'm perfectly capable of executing the will to my parents wishes without a joint executor and feel like this might hold up proceedings longer than necessary.

Thanks in advance for any help or advice!

unholyangel

Who enlisted the solicitors services? The estate via the will (perhaps making them co-executor with you) or you yourself?

I would assume you as you've only stated that the will named you as executor, not any solicitor. But on the other hand, surely if you'd hired them then you'd know they should be acting as you instruct them and would be asking them why they're scheduling meetings with beneficiaries and who they plan on billing for it.

AnotherJoe

I would contact the solicitor, tell him only you are named as executor and wish to remain as such ask him what he proposes to do regarding dealing with your brother.
Whilst a second executor might slow thinsg down, it wont be by much, unless signing papers is logistically difficult. Once a solicitor is involved the whole thing goes very slowly anyway.

Anything can be challenged, Whether he'd have chance in court, I doubt but anything is possible.

Yorkshireman99

MoneySavingnoob wrote: »

Hey all,

My father has just passed away (mother passed away 2 years ago) and I'm named as the Executor of the will which was made over 30 years ago because I'm the eldest sibling and they thought that was the right thing to do.

I have 3 siblings and the estate has to be split 4 ways.

One of my brothers has just announced that he wants to become a joint executor of the will because he thinks it is what my father would have wanted. He has already been in contact with the solicitors and has arranged a meeting with them this week apparently where they're bringing paperwork and to see how things are going apparently. I've tried calling him to find out why but he's not responding. I just wanted to try and get some questions answered before I call the solicitor tomorrow morning.

I have 2 questions.

1) Under Scots law, who is the client? Myself as the Executor or the Beneficiary? If it is myself as the client, can I instruct the solicitor to stop dealing with my sibling?

2) Again under Scots Law, if the executor is still alive, can the role of executor be challenged by my sibling against the wishes of my parents? Would he have to contest the will for this to happen?

I'm perfectly capable of executing the will to my parents wishes without a joint executor and feel like this might hold up proceedings longer than necessary.

Thanks in advance for any help or advice!

You broke can just take over like that without going to court where he may well lose and have to pay the costs. If you know who the solicitor is contact him and explain.

Flugelhorn

sounds like you are far better doing this yourself, might be worth warning brother that if he engages solicitors then he might be liable for the bill

MoneySavingnoob

unholyangel wrote: »

Who enlisted the solicitors services? The estate via the will (perhaps making them co-executor with you) or you yourself?

I would assume you as you've only stated that the will named you as executor, not any solicitor. But on the other hand, surely if you'd hired them then you'd know they should be acting as you instruct them and would be asking them why they're scheduling meetings with beneficiaries and who is paying for it.

Thanks for the response. So, the will is stored with the solicitors that my parents used. I am apparently the sole executor, not the solicitors, but my brother has just taken it upon himself to contact them and appears to have enlisted their services based on the message I received from him. I suspect he has told them he is going to be joint executor and has used that to do what he has done.

Sorry this is lacking in information, but I've been away on business in Australia, have had to cut my trip short and have only just arrived back home, so I've been trying to get my head around what is going on.

Will have much more info tomorrow when I can speak to the solicitors to see what has happened.

unholyangel

MoneySavingnoob wrote: »

Thanks for the response. So, the will is stored with the solicitors that my parents used. I am apparently the sole executor, not the solicitors, but my brother has just taken it upon himself to contact them and appears to have enlisted their services based on the message I received from him. I suspect he has told them he is going to be joint executor and has used that to do what he has done.

Sorry this is lacking in information, but I've been away on business in Australia, have had to cut my trip short and have only just arrived back home, so I've been trying to get my head around what is going on.

Will have much more info tomorrow when I can speak to the solicitors to see what has happened.

Could be a few reasons. They might think your brother is you/the executor (especially if you are both Mr Smith for example). He may have implied to them that he has your permission to get the ball rolling as you're in Australia. He might have (as you said) told them he's executor and they've booked him in on that premise - the people who usually book the appointments at a law firm aren't handling the documents so wouldn't even know whats in it. I appreciate your mind can be in a whirlwind while waiting on hearing it from the solicitors themselves though.

Of course, your brother probably isn't going to be placated with the fact he doesn't have an actual right to assert himself as executor. So if you're putting your foot down, expect potentially serious fall out.

IMO, had your father actually wanted him to be executor, then he had 30 years in which to change his will to reflect that wish. But either its not what your father wanted or its something he didn't feel strongly enough about to ensure it happened. Personally, my siblings are all (more or less) responsible adults and we have very good relationships (with siblings & parents) so I wouldn't have any qualms about letting them be involved - even if just to keep the peace/so they don't feel left out.

AnotherJoe

Could you make a compromise. Make him privy to everything but not a executor. That way he doesn't need to sign anything, which might slow things down and he can get transparent and see you arent stealing from him.

Once you've got the will then unless you intend to bring solicitors on board its mosty gathering info and form filling.