Executor Issues

alimg

Hi, I'm executor on Uncle's Will, in Scotland.  One other Uncle in England with two cousins.  Demanding I give keys to house so they can go, I said I'd meet them, let them in and they can let me know when finished so I can lock up.  Not good enough. Yet accepting of other executor (non family member) granting access and going back to lock up! Any advice on what to do? Thanks!

missile

You are (sole?) executor, you decide what is fair, right and proper

dinglebert

Post a bit confusing.  Are there two executors on the will.  you and a non family member.  They accepted from non family executor the terms that were stated and have been to the house already.  Now want to go back but do it in their terms?

You are responsible as executor for ensuring that the terms of the will are met.   If there is any chance at all the Uncle could remove items of value and therefore subvert the terms of the will then it would be a no from me.

Heedtheadvice

This strikes me as being one of those family situations that could cause many a problem. I would hope to be wrong but you need to consider various aspects not least your responsibilities and ability to properly discharge the will. Consider the following (I am not legally qualified but have some personal experience)

If you (and your fellow executor) have been appointed and you accept such appointment (neither of you have to do so) then you are responsible for the estate (assets, personal effects etc.), obtaining confirmation of the will (equivalent to probate approximately) and discharging the will, dealing with creditors and debtors and the legal aspects such as HMRC.

That is no mean reasponsibility and is a big responsibility for a big estate (financially or one of complexity or acomplex will). Be in no doubt that you could be liable if the beneficiaries are not treated as per the will's instructions. Even something as simple as "leaving Fred the retirement gold watch" which goes missing could cause issues. Word of mouth offers that cousin tells you he or she was told they would get the watch do not override the will and if your relations were to help themselves.......you see where this is going.

It might just be a matter of lack of trust on their part but it is you who has been given responsibility by the executorship appointment.

In your situation I would think very carefully (in conjunction with the other executor) about giving access to protect your position and the rights of the beneficiaries, whoever they may be. Certainly if it is a big estate or complicated will ( or difficult to discharge ) you should involve a solicitor. That could the the case with simple wills too in case it is contested.