Change to executor - who needs to be advised???

DisappointedSiblings

And so the saga continues ..... Our mother passed unexpectedly. She owned the family home after our fathers death many years ago. She remarried. She left her will with two executors - her husband and the solicitor that drew up the will. The solicitor has since stated that they are acting for the executors???? But they are an executor?? Or could the executors have been changed depsite our Mother's will and without informing the beneficiaries??? We hear that our step sister (who we don't really know - not our fault) and her husband have been to and fro the solicitors? If our mother's husband chose not to be executor and to appoint his daughter instead, should we have been informed?? Communication at all time low now and as solicitor appears to be 'on their side' not sure who to ask. Have booked appointment with different solicitor but wondered if anyone had any advice. Thank you so much.

p00hsticks

DisappointedSiblings said:

She left her will with two executors - her husband and the solicitor that drew up the will. The solicitor has since stated that they are acting for the executors???? But they are an executor??

It's possible that the solicitor have either renounced the executorship or reserved their powers to work with the husband.

DisappointedSiblings said:

If our mother's husband chose not to be executor and to appoint his daughter instead, should we have been informed??

An executor can't appoint another executor in their place, but they can engage a solicitor to help with the task, or have others unofficially providing help and support. As far as I'm aware there's no legal obligation on an executor to inform beneficiaries of anything (even that they ARE beneficiaries) until the point where they are ready to distribute the estate.

xylophone

Have booked appointment with different solicitor but wondered if anyone had any advice.

And he or she is in the best position to advise you.

See all comments in your other thread.

https://forums.moneysavingexpert.com/discussion/6284882/deed-of-variation-right-to-occupy-v-life-interest-v-need-advice

Your mother's husband (the other named executor (and also beneficiary of a life interest trust(?)) could have chosen to renounce and left the solicitor as the sole executor.

He might also have chosen to appoint another person to act in the capacity of  attorney- see here

https://www.london-law.co.uk/ive-been-appointed-as-an-executor-what-should-i-do/#:~:text=An executor named in a,administer the Estate for them.&text=When someone is appointed using,the Executor would have themselves.

DisappointedSiblings

p00hsticks said:

DisappointedSiblings said:

She left her will with two executors - her husband and the solicitor that drew up the will. The solicitor has since stated that they are acting for the executors???? But they are an executor??

It's possible that the solicitor have either renounced the executorship or reserved their powers to work with the husband.

DisappointedSiblings said:

If our mother's husband chose not to be executor and to appoint his daughter instead, should we have been informed??

An executor can't appoint another executor in their place, but they can engage a solicitor to help with the task, or have others unofficially providing help and support. As far as I'm aware there's no legal obligation on an executor to inform beneficiaries of anything (even that they ARE beneficiaries) until the point where they are ready to distribute the estate.

Crumbs thanks for that. Very helpful! Thank you.

DisappointedSiblings

xylophone said:

Have booked appointment with different solicitor but wondered if anyone had any advice.

And he or she is in the best position to advise you.

See all comments in your other thread.

https://forums.moneysavingexpert.com/discussion/6284882/deed-of-variation-right-to-occupy-v-life-interest-v-need-advice

Your mother's husband (the other named executor (and also beneficiary of a life interest trust(?)) could have chosen to renounce and left the solicitor as the sole executor.

He might also have chosen to appoint another person to act in the capacity of  attorney- see here

https://www.london-law.co.uk/ive-been-appointed-as-an-executor-what-should-i-do/#:~:text=An executor named in a,administer the Estate for them.&text=When someone is appointed using,the Executor would have themselves.

Thank you! Talk about feeling that we are running around in the dark. Thanks v much! Helpful.