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Executor Stepping down.

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Joint executor wants to step down we need the wording to have an affidavit sworn can anyone help? Thanks 
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  • edited 29 June at 9:23PM
    elsienelsien Forumite
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    edited 29 June at 9:23PM
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • edited 30 June at 8:35AM
    AnotherJoeAnotherJoe Forumite
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    edited 30 June at 8:35AM
    Do they actually want to permanently step down? When me and my brother dealt with my mums will and I did probate alone (with his agreement, just to keep it simple) , he reserved powers which meant he stepped back but  but could have changed his mind later. As I recall it was a simple checkbox and his signature on the form. In any case,  and as above no swearing of affidavits needed. 
    "For every problem,  there is a solution that is clear, simple and wrong"  HL Mencken. 
  • pgldll1949pgldll1949 Forumite
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    First Post
    Thank you both it does help a lot. Our son was killed in a RTA nearly 5 years ago. He left a partner and 3 children. He hadn't made a will so we got that sorted. His partner and myself decided to be executors, my wife and I financed a house for them out of our savings. After 4 years we managed to get an insurance payout for the family. His partner wanted to pay our loan so she could own the house. But of course as executives we cannot pass the house to one of us. The probate office have said we needed a sworn affidavit for her to step down. We got a price from a solicitor and when we picked ourselves up. I had done the probate myself so decided to get advice and do it ourselves. 
    Your advice has been very helpful and you now know our story and why we are doing this.


  • getmore4lessgetmore4less Forumite
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    So you are not executors, they are only those named in wills and there was no will

    If i have read this right you applied for letters of administration and both you and the partner are the personal representatives.

    The house that was bought who's name(s) was that in on what basis was the finance you supplied.

    how is that related to the estse and your roles as administrators.

    Don't know of any rules that stop an administrator doing what you descibe unless there is something missing.

    there may be tax implications depending on who has beneficial interest in the property. 


  • xylophonexylophone Forumite
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    You and your late son's partner applied to be administrators of his estate.

    Your son had children - under the rules of intestacy they became his beneficiaries.
    Were there no assets in his estate?

    Was the insurance payment made to your son's partner/ in trust to his children/you?

    You and your wife lent money to your son's partner to enable her to buy a house? The property stands in her sole name?

    Do you have documentary evidence of the loan/a charge on the property?

    Or are you saying that the house stands in the name of you/your wife and the partner wishes to buy it from you?

    At al events, I don't see what this has to do with the administration of the estate or why an administrator should need to step down.

    After all, it is perfectly possible for an executor or administrator to be a beneficiary of the will - there would be no problem in his transferring relevant assets to himself after probate.
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  • pgldll1949pgldll1949 Forumite
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    This seems to be by my making more complicated. My wife and I lent the money to our son, we have an agreement signed by us all. He didn't leave a will so myself and his partner got probate of his estate. He left no money apart from about £20000 in the house. His partner was awarded a sum of money from the other drivers insurance company. This allowed his partner to settle the outstanding loan to my wife and I. The solicitors dealing with the claim told us the house could not be transferred to her name while see was administrator of the estate. I then contacted the Probate office they said she could stand down with a signed affidavit the wording they said we needed to get legal advice. I think I have now given all the information. You have all been so helpful. My wife and I are in our 70's and just do not have the money to pay.
  • AnotherJoeAnotherJoe Forumite
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    I think you shoudl get legal advice then, as this is much more complex than it appeared intially.
    Surely either you or partner have a couple hundred quid spare when talking about a house and who owns it ?
    "For every problem,  there is a solution that is clear, simple and wrong"  HL Mencken. 
  • xylophonexylophone Forumite
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    Before your son's death, he borrowed a sum of money from you and your wife and bought a house in which he lived with his partner and children?  In effect you were the mortgagees?

    Was the house registered in his name or in the names of him and his partner? If joint, was this as joint tenants or as tenants in common?

    I assume that as you say "partner" rather than "wife" he died unmarried?


    Was the property value on death greater than the value of the loan?

    Was the insurance money due payable to you as his parents or to his partner or to his estate?





  • getmore4lessgetmore4less Forumite
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    This seems to be by my making more complicated. My wife and I lent the money to our son, we have an agreement signed by us all. He didn't leave a will so myself and his partner got probate of his estate. He left no money apart from about £20000 in the house. His partner was awarded a sum of money from the other drivers insurance company. This allowed his partner to settle the outstanding loan to my wife and I. The solicitors dealing with the claim told us the house could not be transferred to her name while see was administrator of the estate. I then contacted the Probate office they said she could stand down with a signed affidavit the wording they said we needed to get legal advice. I think I have now given all the information. You have all been so helpful. My wife and I are in our 70's and just do not have the money to pay.
    What is the legal basis for this?

    Still  gaps
    estate is valued at around £20k? (house - debt), intestate that would go to his children, in trust(any under 18)
    You lent your son(only) some money and there is a loan agreement so that is now a debt on the estate?
    (or was this loan after your sons death?)
    That was used to buy a house, 
    1. who were(are) the legal owners of the house (that may change the value of the estate)
    2. is there any other mortgage/debt on the house?
    3. what were the terms of the loan that trigger you being due this money now?
    payout from the insurers
    1. who were the beneficiaries of that? ( was it all partner or was some assigned as the children or even parents?)
    2. Is there enough in the payout to pay the debt and put cash aside for the childrens inheritance?
    Want to use that to pay off the estates debt and keep the house.

    This is what I can think of now, depending on the answers there may be more or a clearer picture of what needs to happen.

     if you do end up needing advice you need to have the facts of who owns what and the time line very clear as that is essential to getting this right and will be needed anyway by whoever does this.

  • getmore4lessgetmore4less Forumite
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    There are rules on self dealing but often they don't come into play as the administrator is a beneficiary anyway and in practice the only ones that can raise a case are other beneficiary so it gets ignored/overlooked.

    This may be one case where a more arms length approach is needed as there are children and the can be conflicts of interest.

    That does however leave you exposed(as sole administrator) to any liability should things go wrong.
    if you do need any legal assistance to do the job the estate pays but that may be a problem if there is insufficient cash left and the payout is not enough to secure the house.
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