Executor - Can I nominate someone else?

MadMonkey007

Hi, first time poster.

Over the weekend, my Mother passed away.

Her new will never got signed off, so I am named Executor of an older version. Some may feel honoured, but I feel dread…

…I asked my sister, who lived with mum, for an address book - so I can (at some point) contact relatives. She said no. I asked my other two sisters, they also said no. Each of them said the same thing, these relatives haven’t bothered to stay in touch, so they “aren’t family”.

There is an age gap between me and my eldest sister, and of the younger two (one of whom lived with mum). So these are relatives I met as a younger person, but my youngest sisters never met them. And the relationship between myself and eldest sister is strained at times. Oh yes, I’m the eldest sibling.

Such a minor thing, it upsets me to see them close ranks. But, to keep the peace, I can’t argue.

This brings me to being sole named Executor. I’ll need a house key, and I’ll have to go through mums house looking for the information I need - if I’ve read correctly, only the Executor can deal with anything financial regarding the estate, but I can give out non-financial related tasks to my sisters. Anyway, this will of course give me access to the address book, and probably a lot of other stuff I never knew about. I can see my sisters not wanting me to go through all of mums paperwork and things, possibly to the point of blocking me (though I’m just guessing that based on the case above I mentioned), and to be honest I’m not sure I want to go through mums stuff.

My wife, who frequents this board (her father passed three months ago) says give it up “it’s a thankless task, let your sisters sort it out”. The more I think about it, the more I think it’s the correct thing to do.  I no longer live in the same town as mum and the sisters, it’ll be time and life consuming, and I’ll need full access to everything. And no matter how well I do it, I’ll do something wrong in the eyes of my sisters, or they’ll close ranks over something menial. I’ll be stuck between a rock and a hard place.

The question is then, can I nominate a sister to take over as Executor? The eldest makes sense, as the younger pair are so emotionally overwhelmed. I’ve asked the internet, and get conflicting answers.

Thank you.

insurebetto

In response to your question.
No you can not nominate anyone. You can hire a solicitor to do it for your family.

Sea_Shell

I don't think you can nominate, but you can renounce.

I think there's a form you can complete and then send this to the other sisters with a covering letter.  They can then choose to administer.

Remember you don't HAVE to administer the estate.

comeandgo

I am executor of my mothers will and my siblings have all been included to help and assist and I included them in all decisions.  It has really helped us to bond better as a family, could you ask them to help you rather than fight with you?

jsatellite

Sorry for your loss. You can give up the role of executor (known as renouncing) by filling in form PA15 and sending it to someone who is willing to apply for letters of administration (presumably one of your sisters).

Form PA15: Give up probate executor rights - GOV.UK (www.gov.uk)

Keep_pedalling

Bearing in mind you already seem to have a poor relationship with your sisters I would be very reluctant to hand them control, as this may cause you more issues than you have now ( just read some of the other threads on here about bad executor behaviour from siblings) 

Do you have access to your mother’s house? If not I would hire a locksmith to get you in and change the locks ASAP. If you really can’t face carrying out the role then you have the option of appointing a solicitor to do it. 

thegreenone

I'm sorry for your loss.

How do your sisters know the relatives haven't been in touch recently?  My late Mum didn't tell me about every telephone conversation she had!   

I second the hiring of a solicitor to keep everything neutral between you all.

securityguy

insurebetto said:

In response to your question.
No you can not nominate anyone. You can hire a solicitor to do it for your family.

Under the circumstances outlined, that won't help: the sisters will just blame the OP for the actions of their solicitor and, of course, the OP would be on the hook for the solicitor's bills unless and until the estate could afford them.  In these circumstances the sisters would complain about money being "wasted".

The wise move would be to renounce the executorship and then let the cards fall where they may.  Anyone else with an interest in the estate can apply to administer it: let them have the trouble.

Keep_pedalling

securityguy said:

insurebetto said:

In response to your question.
No you can not nominate anyone. You can hire a solicitor to do it for your family.

Under the circumstances outlined, that won't help: the sisters will just blame the OP for the actions of their solicitor and, of course, the OP would be on the hook for the solicitor's bills unless and until the estate could afford them.  In these circumstances the sisters would complain about money being "wasted".

The wise move would be to renounce the executorship and then let the cards fall where they may.  Anyone else with an interest in the estate can apply to administer it: let them have the trouble.

The OP will not be on the hook for any solicitors bills, that will be paid as a legitimate expense by the estate.

getmore4less

Contrary to what has been said.

You can nominate someone if they want to do, using a POA.

Given the family dynamics as represented that is not a course of action I would take.

I would weigh up the risk reward and if insufficient consider the task carefully.

if emotionally invested that can be difficult.


if there was a new will on the way how different is that to the one you are sole executor?

Thrugelmir

Find yourself a joint executor, i.e. a solicitor to assist and guide you.