Concerns over brother as an executor of dad's will

W1nifred

I have query about my eldest brother who had hardly supported and/or responded to numerous appointment and health update emails from the rest of his 4 siblings over the past few years re: our 93yo dad's cancer (multiple myeloma) treatment, but responds almost immediately when the issue of drawing up a will comes up.

NB. Our brother is a registered accountant, and wanted to make it clear in his recent correspondence that he would be prepared to act as an executor when it came to administering my dad's//parents joint will, (whilst making it clear that it was an onerous task that requires getting the finances right).

But given there have been tensions in the past between us as siblings, should we be concerned that he is offering to act as an executor, whilst also being a beneficiary of my parents (future) will? Is there any scope for fraud or underhand activity if he is left to record my parents financial assets, (as part of the probate process), and to then distribute those assets evenly amongst the beneficiaries named in the will?

Brilley

...why not see if you can also add yourself (or other siblings) as joint executors?


If it's a relatively "simple" will then it is not a particularly onerous task?

elsien

It matters less what the siblings think and more what your father wants. It is his will, after all.

Who would he prefer to be the executor of his will? And if he has more than one he needs to choose people who are able to get along without the whole process being mired down in disputes and acrimony.

Keep_pedalling

Does your father actually have a will in place?

If so who has he appointed as executors?

Flugelhorn

Who does Dad want to do it? Sounds like he should name at least 2 people, also TBH unless Dad has v complex finances, you don't need to be an accountant to do it!

W1nifred

My mother initially wanted myself and my sister to fulfil their wishes re: the will. My brother himself is indicating it would be better to have family members only as executors, whilst also putting himself forward as one.

Robin9

Has your mum got a will ?

W1nifred

Brilley wrote: »

...why not see if you can also add yourself (or other siblings) as joint executors?


If it's a relatively "simple" will then it is not a particularly onerous task?

I am likely to be an executor along with my sister (yet to be decided). My brother indicated there was a lot of legal, tax and administrative work involved, and the executor involved with these matters could be found personally liable if anything went wrong.

On the one hand you could argue he was telling it like it is... but also (inadvertently) putting forward a case for him to be an executor to deal with these matters.

W1nifred

Robin9 wrote: »

Has your mum got a will ?

We're looking to draw up a joint will for both my mum and dad.

elsien

Your parents should choose executors who they trust to carry out their wishes and who are able to work together.
Having siblings working together when there is already potentially resentment about lack of involvement and apparent trust issues is asking for trouble.
If your parents choose someone who is not an accountant or financial professional, there are guides they can use and they also have the option to get professional help at the time for any bits they may struggle with.

Many people act as executors when they have no previous experience, with no issues at all. Perhaps your parents need to be reassured of that. Do they have complex financial affairs, or is it all fairly straightforwards?

Does your dad still have capacity to make a will, with his current health issues?

p00hsticks

W1nifred wrote: »

We're looking to draw up a joint will for both my mum and dad.

You can't have a joint will - your mum and dad need one each.

You may be thinking of the term ' mirror wills', where two people each have a will that are mirrors of each other - e.g. A's will leaves everything to B, C and D, while B's will leaves everything to A, C and D