Friend named as executor on will for relative 300 miles away

od244051

This is for a friend. She lives about 300 miles away from her great aunt who is dying of cancer. Great aunt lives next door to daughter. Daughter finds her mother's will and my friend is listed as the executor to the estate of her great aunt. Family have no idea on why my friend is listed as executor to the estate. Its so impractical for friend to sort out the estate, esp when she has a 3 year old child at home.

Great aunt and daughter get on very well.

Could the executor be changed from friend to her aunt?

JGB1955

Your friend doesn't have to act - she can renounce her position.

See https://www.gov.uk/government/publications/form-pa15-apply-for-renunciation-will

If there are other executors named, they can act without your friend.

If the great aunt still has capability, she could add a codicil to her will, adding her daughter (or other person) as an executor.

xylophone

Daughter finds her mother's will and my friend is listed as the executor to the estate of her great aunt. 

https://blog.lawpack.co.uk/how-to-renounce-your-role-as-executor/

The daughter is the great aunt's next of kin? See above.

unforeseen

It's disappointing to see a website giving legal advice mentioning the artificial construct of next-of-kin. It has a legal definition in the US but in the UK it can be Fred down the pub. Nok has no legal meaning in the UK at all. 

od244051

Thanks for the info. 

xylophone

It's disappointing to see a website giving legal advice mentioning the artificial construct of next-of-kin. It has a legal definition in the US but in the UK it can be Fred down the pub. 

https://farewill.com/articles/what-is-next-of-kin#:~:text=Next of kin is the,takes responsibility when someone dies.

While there are no official laws in the UK explaining who your next of kin is when you die, the following priority list is generally accepted:

1. Spouse or civil partner If the person who died was married or in a civil partnership, their spouse or civil partner should be considered their next of kin – even if they were separated.

2. Children If there is no surviving spouse or civil partner, the deceased’s children should be regarded as their next of kin (except if they are under 18).

3. Parents If the person who died has no surviving spouse or civil partner, and no children over 18, their parents are considered their next of kin.

4. Siblings If the person who died had no living spouse, civil partner, children or parents, then their siblings are their next of kin.

Above would seem useful when considering who should apply to be administrator when a sole named exor renounces.

getmore4less

That's another website(which includes .gov) that makes stuff up or simplifies stuff leaving important stuff out or perpetuates the misinformation.
The intestate order of inheritance and right to administer the estate is not "generally accepted" it is written into the legislation

onwards&upwards

Maybe the aunt was under the mistaken impression that beneficiaries can't be executors?  Quite a lot of people get confused about between that and the fact that they can't be witnesses.

getmore4less

Sometimes it is done to avoid conflicts.
Who are the beneficiaries, there may be a clue. 
If the friend does not want to do it let the beneficiaries sort it out. 

od244051

getmore4less said:

Sometimes it is done to avoid conflicts.
Who are the beneficiaries, there may be a clue. 
If the friend does not want to do it let the beneficiaries sort it out. 

Beneficiaries are:
. Friend. Her mother died 5 years ago.
. Deceased's daugther
. Deceased's two GC
. Three charities close to her heart

The charities' are a fixed amount and the rest is split 4 ways equally.
, 

xylophone

Deceased's daugther

Who lives next door to Mum and so can easily check on her financial papers etc?

Is she willing to apply if the friend renounces?