Executors

ellywellywoo

Currently planning my will.

I have chosen two executors but does it matter if they are in my will?

Also do they get to read it before my death and if I made any changes would they get to know about it ?

Thank you

TonyMMM

Your will should name the people you have chosen to be your executors. They can still be beneficiaries of the will.

You don't have to show them your will (entirely up to you), but you should make sure they know they are your executors and are willing to act as such, and it would be a good idea to tell them where your will is kept.

They won't get told about any changes to your will unless you choose to tell them yourself.

Keep_pedalling

Have you asked them if they are willing to be your executors? No problem with having executors who are also beneficiaries, but witnesses cannot be beneficiaries.

Hopefully are are going to do this through a solicitor, do not try to DIY it.

Gavin83

Can I take it from your post that your planned executors would expect to inherit from the will but for whatever reason you don't want them to? If this is the situation why do you actually want them to be your executors?

As above they should certainly be aware they're executors. You should also be aware they're free to relinquish this duty which they might well choose to do once they realise they're not a beneficiary, especially if they expect to be. This happened to someone I know, named as an executor (which they weren't aware of) and they weren't a beneficiary. They chose to give up the position and let a solicitor deal with it instead.

Personally I'd make sure any executors knew they were executors and I'd also make sure that if someone expected to inherit and I didn't want them to I'd explain why while I was still alive. It's somewhat cowardly to take another route.

lisyloo

Depending on their financial situation you might want to consider some form of compensation for their duties.
They may need to take time off e.g. swear an oath at solicitors/probate office.
For someone in adverse financial circumstance it might be difficult if they are worried about every stamp/bus fare even if expenses are covered.

maman

ellywellywoo wrote: »

Currently planning my will.

I have chosen two executors but does it matter if they are in my will?

Also do they get to read it before my death and if I made any changes would they get to know about it ?

Thank you

That's the bit that bothers me in your question. You've got the straightforward answers to your questions but your potential reasons for asking the bit in bold could open up a huge can of worms.

For example, the executors were your children and you decided to cut them out of the will at a later date? How would they feel?

If the executors were your friends but you didn't trust them not to keep the contents confidential? What does that say about your relationship?

I'm just speculating why you've asked that question but the potential for creating a whole lot of problems are endless.

lisyloo

The OP might simply be asking how the executors get the latest will and not an old one.
The usual way is to tell them where it is.
Our parents had all their important documents in one place. This could be a shoe box in the wardrobe but once they started getting lots of people in (carers etc.) they bought a lockable box and gave us a key.

It’s a good idea to have executors younger than you if possible.
I will shortly have to deal with the situation where the single executor pre deceased the testator.

getmore4less

ellywellywoo wrote: »

Currently planning my will.

I have chosen two executors but does it matter if they are in my will?

Also do they get to read it before my death and if I made any changes would they get to know about it ?

Thank you

If you mean do they need to be named then YES orthey are not executors.

IF you mean they will be named as executors but does it make a difference if they are beneficiaries then NO.
(they may decide its not worth bothering and renounce).

maman

lisyloo wrote: »

The OP might simply be asking how the executors get the latest will and not an old one.
The usual way is to tell them where it is.
Our parents had all their important documents in one place. This could be a shoe box in the wardrobe but once they started getting lots of people in (carers etc.) they bought a lockable box and gave us a key.

It’s a good idea to have executors younger than you if possible.
I will shortly have to deal with the situation where the single executor pre deceased the testator.

Yes you're right, I was only raising potential pitfalls of contentious wills. I'd hate to think of my family and friends having to deal with the fallout.

I've done much the same as your parents. All our documents are where our executors (DDs) can find them but we also gave them their own copies. We told them verbally what was in them but whether they've read them or told anyone I don't know. I'd be surprised if they did though.

ellywellywoo

Ok so thank you for all your replies.
I wasn’t very clear in my question

I am doing it through a solicitor but wanted to get it clear in my head before I see them
Yes two executors in mind. They have both agreed.

I need a will now but it will change once my house is sold.
I just wasn’t sure if I had to tell them officially what was in it and also when it’s altered.

But thank you to everyone for your advice

Marcon

ellywellywoo wrote: »

Ok so thank you for all your replies.
I wasn’t very clear in my question

I am doing it through a solicitor but wanted to get it clear in my head before I see them
Yes two executors in mind. They have both agreed.

I need a will now but it will change once my house is sold.
I just wasn’t sure if I had to tell them officially what was in it and also when it’s altered.

But thank you to everyone for your advice

Discuss with your solicitor whether it is viable to write a will which caters for both your current situation and your post-house sale position. Unless your affairs are very complicated, it could be easy enough for a competent lawyer to draft.