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Understanding what an executor of a will does
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I really hope your father’s attitude to solicitors does not extend to avoiding one to draw up the wills as that could be a serious and very expensive mistake, especially for a complex one.
A sensible compromise would be for him to appoint his two most sensible children ( you and your oldest sibling?) as executors. Regardless of the complexity as long as the estate ends up being an even split between siblings then it should not cause issues with the non executor children. Appointing all of you has nothing to do with fairness and although parents are often blind to the faults of their own children he really should just appoint those he thinks can best handle it and can happily work together.
If, when the time comes the estate proves too complex to handle the executors can appoint professional help.0 -
xylophone said:With regard to the executorship, given the situation you describe, would it not be better for you to be named as sole exor with a solicitor backup if you are unable to act?And you could make it clear from the outset that if any of your siblings hassled you about the estate, you would employ a solicitor to do the work (while you stayed as executor and signed off on things).You could then refuse to discuss anything to do with the estate but direct everyone to the solicitor.0
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And you could make it clear from the outset that if any of your siblings hassled you about the estate, you would employ a solicitor to do the work (while you stayed as executor and signed off on things).
Absolutely.
I would not agree to be appointed as executor where the will was not professionally drawn up.
It is possible to get a simple will drawn up by a solicitor for £100 under the Will Aid scheme although if the parents' affairs are complex they may require more detailed advice.
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Thanks all. I'm almost certain my parents have had their will drawn up professionally by a solicitor. They are very sensible with all of that.
It's just more that they wouldn't want a solicitor to also be executor at that point. And whether the decision to have all joint executors is best or not. I'm sure the points of this have been explained to them by a solicitor and currently they obviously feel it's the best decision.
I may just speak to them to see if it's something they should revisit with a solicitor and chat over again as it's playing on their mind more. I will also have a chat and see if they definitely won't consider a solicitor as executor but I think that will be a no - go.
The way my parents are seeing it is that this is the fairest way to deal with it and avoid showing any favouritism or creating arguments and to minimise expenditures to solicitors etc after they have passed. I understand it in theory but I think in practice it may be different.0 -
Deleted_User said:The way my parents are seeing it is that this is the fairest way to deal with it and avoid showing any favouritism or creating arguments and to minimise expenditures to solicitors etc after they have passed.By appointing several executors who won't agree on things, they are guaranteeing that dealing with their estate will be very difficult, very protracted and will probably end up with serious rifts between their children.Is that really the legacy they want to leave to you?If they stick with all of you being executors, I would step back from the role, stay out of all the arguments and be very patient about getting your inheritance.0
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@Mojisola I do agree with you. I think by trying to do the best thing they are unintentionally doing the opposite. In all honesty I think there's only one sibling they are concerned about due to some recent events really. No one else will argue at all that I can see.
To be honest - I would step back from the inheritance if necessary. My parents have done so much for us (both financially and otherwise) I can never explain and I appreciate that more than anything. We've already had a far better start than most. I just want to make sure that they have peace of mind more than anything else.1 -
It might be helpful to provide your parents with estimates from a couple of solicitors of the likely cost of using them as executors, and compare that to the apparently likely damage to the inter-relationships within the family, if it is a given that sharing duties will lead to falling-outs. Your old boy might be pleasantly surprised, and you might be able to convince him that a) it's money well spent and b) it is in reality your money not his that will be spent, so you should at least have your opinion(s) heard.1
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