Executor of will excluded

queryplease

I was made executor of a will to oversee the 'deceased'  wishes were adhered to (her grandson and his wife were the other named executors). Its been nearly three weeks since her passing, I have approached the family for a copy of the will (as told by a solicitor), to which i was told I am a standby, they cannot supply it and it doesnt matter as everything has been sorted/the door is closed, the solicitors, again, have told me i have to make contact with the family, even though I have explained the situ, they cannot act for me ..... the family are selling her goods over social media, along with everthing else, she had a dog (which was to go to someone else rather than family), horse (given to great granddaughter - not her wish) and car (to a granddaughter, again not the deceased wishes) as well as a healthy bank account and pension along with family 'heirlooms'.... they have said its not going to probate!!! If I am not involved, where do i stand with 'the fraud' aspect of the family.... Whilst I understand this is a 'grey area' I want to know, what my legal obligation to the will is?

p00hsticks

This really needs to be asked over on the Death, Funerals and Probate board

https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

vitaweat

p00hsticks said:

This really needs to be asked over on the Death, Funerals and Probate board

https://forums.moneysavingexpert.com/categories/deaths-funerals-probate

I've reported the post to ask for it to be moved.

@OP - You may well find your post moved.  It's not malice on my part, just you will probably get better replies there.

xylophone

https://www.thisismoney.co.uk/money/pensions/article-8406991/Banks-handing-100k-plus-bereaved-relatives-without-probate.html
Were you a "default" executor (named on the basis that you would take on the task if  the other two were unable or unwilling to take on the role)?

Alfrescodave

xylophone said:

https://www.thisismoney.co.uk/money/pensions/article-8406991/Banks-handing-100k-plus-bereaved-relatives-without-probate.html
Were you a "default" executor (named on the basis that you would take on the task if  the other two were unable or unwilling to take on the role)?

I think this is highly likely as OP states in post " I have approached the family for a copy of the will (as told by a solicitor), to which i was told I am a standby," 

Bobziz

It sounds like you have an idea of who the will details as the beneficiaries. If this is the case then you might want to have a conversation with them, as they have options to compel the executors to follow the Will. See:
https://www.google.com/amp/s/www.hcrlaw.com/blog/believe-executor-acting-improperly/amp/

Marcon

Bobziz said:

It sounds like you have an idea of who the will details as the beneficiaries. If this is the case then you might want to have a conversation with them, as they have options to compel the executors to follow the Will. See:
https://www.google.com/amp/s/www.hcrlaw.com/blog/believe-executor-acting-improperly/amp/

...or you might just want to wash your hands of the whole thing and refuse to act, even if it later transpires you are an executor. With rare exceptions, nobody can be compelled to act as an executor provided they haven't started to do so.

getmore4less

I was made executor of a will to oversee the 'deceased'  wishes were adhered to

If a testator has any doubts about prospective executors you do not appoint them, like LPA it is a position of trust do not use people you don't trust.

Brynsam

queryplease said:

I was made executor of a will to oversee the 'deceased'  wishes were adhered to (her grandson and his wife were the other named executors). Its been nearly three weeks since her passing, I have approached the family for a copy of the will (as told by a solicitor), to which i was told I am a standby, they cannot supply it and it doesnt matter as everything has been sorted/the door is closed, the solicitors, again, have told me i have to make contact with the family, even though I have explained the situ, they cannot act for me ..... the family are selling her goods over social media, along with everthing else, she had a dog (which was to go to someone else rather than family), horse (given to great granddaughter - not her wish) and car (to a granddaughter, again not the deceased wishes) as well as a healthy bank account and pension along with family 'heirlooms'.... they have said its not going to probate!!! If I am not involved, where do i stand with 'the fraud' aspect of the family.... Whilst I understand this is a 'grey area' I want to know, what my legal obligation to the will is?

How do you know you are still an executor? The dear departed could have made a new will at any time. If you have an e-mail address for the grandson, send him an e-mail confirming your understanding that, as he has explained to you, you are not actually an executor but merely a 'back up' in case he/his wife could not act and noting that he has declined to provide a copy of the will and has assured you your services are not required and that he and his wife have overseen the correct administration of the estate without the need to go to probate. If no e-mail, send a Signed For letter.

queryplease

As I queried that I hadnt heard from them I assumed I wasnt an executor any longer, to which the grandson confirmed I was executor.

Marcon

queryplease said:

As I queried that I hadnt heard from them I assumed I wasnt an executor any longer, to which the grandson confirmed I was executor.

Then you need to take a much firmer stance and point out that there is a legal requirement for you to be involved. Alternatively, renounce your position - which would be a much more sensible route to take from the sound of things.