Executorship questions

Daisymaisy

I am named sole executor in my father's will. I am hoping to deal with the estate myself. I have started to collect account details from banks in order to have the information I need to obtain probate and they ask in what capacity I am acting (next of kin or executor/personal representative). I have not yet decided if I am going to take the task on or whether I am going to ask a solicitor to do the task.

If I pass it all over to a solicitor would they apply for probate in my name or in their name/their firms name? Am I executor irrespective of whether a solicitor is involved?

If I apply for probate and then want to pass it over to a solicitor how does that work?

The estate has some property, bank accounts and shares in Spain. There is a separate spanish will for this and I will be handling the Spanish estate and paying the Spanish IHT. My father was domiciled here so I will need to declare the Spanish estate to HMRC. We wil have to complete 'modelo650' (the Spanish equivalent of IHT205/400) in Spain, would a copy of this satisfy HMRC for valuation purposes of the Spanish assets? Hoping someone has some experience of this.

Daisymaisy

I see that quite a few people have viewed but no replies have been posted. I would appreciate answers about the first part of my post which is the information I need most urgently, the valuation of the Spanish estate is a side issue.

I am finding it hard to ask the correct question in a succinct way. I suppose it is a follows:

If I ask a solicitor to handle the estate will they apply for probate in my name as named executor on the will and act on my behalf or will probate be granted directly to them?

If I am executor whether I hand it over or not then I can confidently fill in the bank forms to say I am the executor rather than next of kin but at the moment I am dithering as to which I should state I am.

Hope that clarifies what I am asking.

JGB1955

If you're named in the will as an Executor, then you're an Executor. You would be instructing the solicitor as your agent.

Dox

JGB1955 wrote: »

If you're named in the will as an Executor, then you're an Executor. You would be instructing the solicitor as your agent.

Unless you formally renounce (or decline to accept) your role as executor May be a bit late to decline if you have already taken any actions which count as something known as 'intermeddling' (working on the administration of the estate) - and it sounds as if you might have done so.

Daisymaisy

I don't plan to renounce my executorship, I promised my dad I would ensure that his will was executed the way he wanted it done and that is what I will do.

My initial query was, having taken on the role and obtained probate, whether could I still engage a solicitor to take over if I felt I was out of my depth and who would then be classed as executor me or them.

The extent of my actions has been
1. Register the death
2. Use the tell us once service
3. Gather information about date of death final balances from the banks, notify the share brokers of my father's death without which I am unable to even start to request probate. I have informed all the banks that even where the amount is below their need for a grant of probate I do not want the account closed until I have the grant at which time I will collect all the money together and put the house on the market.

Do these actions constitute intermeddling?

Linton

Daisymaisy wrote: »

I don't plan to renounce my executorship, I promised my dad I would ensure that his will was executed the way he wanted it done and that is what I will do.

My initial query was, having taken on the role and obtained probate, whether could I still engage a solicitor to take over if I felt I was out of my depth and who would then be classed as executor me or them.

To make the situation clear:

You can engage a solicitor and pay the solicitor out of estate funds. You would still be classed as the executor.

The extent of my actions has been
1. Register the death
2. Use the tell us once service
3. Gather information about date of death final balances from the banks, notify the share brokers of my father's death without which I am unable to even start to request probate. I have informed all the banks that even where the amount is below their need for a grant of probate I do not want the account closed until I have the grant at which time I will collect all the money together and put the house on the market.

Do these actions constitute intermeddling?

My untrained guess:

(1) certainly not intermeddling
(2) Borderline I dont know
(3) Probably

However it doesnt matter in this case as you want to be the executor.

xylophone

My initial query was, having taken on the role and obtained probate, whether could I still engage a solicitor to take over if I felt I was out of my depth and who would then be classed as executor me or them.

If you did this then you would have taken on the role as executor of the estate.

You could then engage a solicitor if you wished to help you with legal matters but this would not make him the executor - you would already be fulfilling that role in obtaining probate.

Savvy_Sue

You can use a solicitor for any part where you'd find it useful. You can either just 'take advice', or instruct them to act, eg if you WANT them to make the application itself and submit the paperwork (although honestly probably not worthwhile).

You remain the executor.

We took advice on aspects of both Dad's and Mum's wills. You might need advice on the Spanish assets. You'll still be the executor.

badmemory

I would certainly use help from a carefully chosen (appropriate knowledgewise) solicitor if you feel you need it, but passing the whole thing to them just drags everything out.