Executor Living Abroad

Hello,

My mother passed away recently and we have received grant of probate.

I am one of 3 siblings named as executors/beneficiaries on the will.

My mother had a substantial amount of assets/cash worth about 750k.

We are now trying to open an executors account with all 3 brothers on the account but struggling as my eldest brother lives in Australia. They won’t let him on there as he is a non resident. He still has property in the uk and also an English bank account.

Has anyone had any experience of this?

Does anyone know if any banks will let non residents be on the executors account?

Do we even need an executors account?

Any help appreciated - happy to answer questions
«1

Comments

  • Emmia
    Emmia Posts: 5,220 Forumite
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    edited 25 June 2022 at 7:43AM
    What he should do is take himself off as an executor, and leave that up to you and your other brother - talk to your solicitor about how to do this (or are you trying to avoid solicitors completely?)

    As he's in Australia there will be little he can do practically due to time differences etc.

    My sister was living in the US when we had to deal with an estate, and so I acted alone - she didn't completely renounce though, in case something had happened to me, so she could step back into the role.
  • RAS
    RAS Posts: 35,078 Forumite
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    Very few banks still offer executor accounts, but if you've found one it may be better set it up with the two siblings resident in the UK. The Australian sibling would reserve their right to administer the estate. They need to "inform" the other executors (by email should be OK) and can re-instate their right at any point.

    The fact that the other executor is reserving their rights should be recorded and the Registry might ask for the evidence.
    If you've have not made a mistake, you've made nothing
  • Keep_pedalling
    Keep_pedalling Posts: 20,326 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 25 June 2022 at 8:48AM
    Emmia said:
    What he should do is take himself off as an executor, and leave that up to you and your other brother - talk to your solicitor about how to do this (or are you trying to avoid solicitors completely?)

    As he's in Australia there will be little he can do practically due to time differences etc.

    My sister was living in the US when we had to deal with an estate, and so I acted alone - she didn't completely renounce though, in case something had happened to me, so she could step back into the role.
    Bit late for that, probate has already been granted. It would have been wise for the OP’s brother to reserve powers from the beginning but he can’t do that once the probate application has been submitted.
  • shiraz99
    shiraz99 Posts: 1,829 Forumite
    1,000 Posts Third Anniversary Name Dropper
    2tanks said:
    Hello,

    My mother passed away recently and we have received grant of probate.

    I am one of 3 siblings named as executors/beneficiaries on the will.

    My mother had a substantial amount of assets/cash worth about 750k.

    We are now trying to open an executors account with all 3 brothers on the account but struggling as my eldest brother lives in Australia. They won’t let him on there as he is a non resident. He still has property in the uk and also an English bank account.

    Has anyone had any experience of this?

    Does anyone know if any banks will let non residents be on the executors account?

    Do we even need an executors account?

    Any help appreciated - happy to answer questions
    In essence, no you don't. Just create a standard account that you can separate to any other personal account.
  • msb1234
    msb1234 Posts: 608 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    shiraz99 said:
    2tanks said:
    Hello,

    My mother passed away recently and we have received grant of probate.

    I am one of 3 siblings named as executors/beneficiaries on the will.

    My mother had a substantial amount of assets/cash worth about 750k.

    We are now trying to open an executors account with all 3 brothers on the account but struggling as my eldest brother lives in Australia. They won’t let him on there as he is a non resident. He still has property in the uk and also an English bank account.

    Has anyone had any experience of this?

    Does anyone know if any banks will let non residents be on the executors account?

    Do we even need an executors account?

    Any help appreciated - happy to answer questions
    In essence, no you don't. Just create a standard account that you can separate to any other personal account.
    Actually, this may not be a great idea. If you open an account t in your sole name that isn’t an executor account, there could be an issue should anything happen to you before the estate is distributed. 
    I opened an executor account with Barclays recently. As such, the contents of the account fall outside my estate if I were to die.
  • Emmia
    Emmia Posts: 5,220 Forumite
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 25 June 2022 at 4:24PM
    Emmia said:
    What he should do is take himself off as an executor, and leave that up to you and your other brother - talk to your solicitor about how to do this (or are you trying to avoid solicitors completely?)

    As he's in Australia there will be little he can do practically due to time differences etc.

    My sister was living in the US when we had to deal with an estate, and so I acted alone - she didn't completely renounce though, in case something had happened to me, so she could step back into the role.
    Bit late for that, probate has already been granted. It would have been wise for the OP’s brother to reserve powers from the beginning but he can’t do that once the probate application has been submitted.
    I opened an executors account in the afternoon shortly after registering the death - and used it to receive funds from share sales etc., before distribution. The account was open quite a while before we got probate.

    Could you open an account with just those of you in the UK?
  • shiraz99
    shiraz99 Posts: 1,829 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 25 June 2022 at 5:21PM
    msb1234 said:
    shiraz99 said:
    2tanks said:
    Hello,

    My mother passed away recently and we have received grant of probate.

    I am one of 3 siblings named as executors/beneficiaries on the will.

    My mother had a substantial amount of assets/cash worth about 750k.

    We are now trying to open an executors account with all 3 brothers on the account but struggling as my eldest brother lives in Australia. They won’t let him on there as he is a non resident. He still has property in the uk and also an English bank account.

    Has anyone had any experience of this?

    Does anyone know if any banks will let non residents be on the executors account?

    Do we even need an executors account?

    Any help appreciated - happy to answer questions
    In essence, no you don't. Just create a standard account that you can separate to any other personal account.
    Actually, this may not be a great idea. If you open an account t in your sole name that isn’t an executor account, there could be an issue should anything happen to you before the estate is distributed. 
    I opened an executor account with Barclays recently. As such, the contents of the account fall outside my estate if I were to die.
    There's nothing stopping you giving joint access to the other executor that's in the UK.

    Also, as long as you have a paper trail of where the funds have come from, and you will have from the transferring bank, then I don't think it would be classed as your estate.
  • shiraz99
    shiraz99 Posts: 1,829 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 25 June 2022 at 5:18PM
    Emmia said:
    Emmia said:
    What he should do is take himself off as an executor, and leave that up to you and your other brother - talk to your solicitor about how to do this (or are you trying to avoid solicitors completely?)

    As he's in Australia there will be little he can do practically due to time differences etc.

    My sister was living in the US when we had to deal with an estate, and so I acted alone - she didn't completely renounce though, in case something had happened to me, so she could step back into the role.
    Bit late for that, probate has already been granted. It would have been wise for the OP’s brother to reserve powers from the beginning but he can’t do that once the probate application has been submitted.
    I opened an executors account in the afternoon shortly after registering the death - and used it to receive funds from share sales etc., before distribution. The account was open quite a while before we got probate.

    Could you open an account with just those of you in the UK?
    If you open an executor account then the mandate will usually require all executors to be named and each one to sign and date it.
  • msb1234
    msb1234 Posts: 608 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    shiraz99 said:
    msb1234 said:
    shiraz99 said:
    2tanks said:
    Hello,

    My mother passed away recently and we have received grant of probate.

    I am one of 3 siblings named as executors/beneficiaries on the will.

    My mother had a substantial amount of assets/cash worth about 750k.

    We are now trying to open an executors account with all 3 brothers on the account but struggling as my eldest brother lives in Australia. They won’t let him on there as he is a non resident. He still has property in the uk and also an English bank account.

    Has anyone had any experience of this?

    Does anyone know if any banks will let non residents be on the executors account?

    Do we even need an executors account?

    Any help appreciated - happy to answer questions
    In essence, no you don't. Just create a standard account that you can separate to any other personal account.
    Actually, this may not be a great idea. If you open an account t in your sole name that isn’t an executor account, there could be an issue should anything happen to you before the estate is distributed. 
    I opened an executor account with Barclays recently. As such, the contents of the account fall outside my estate if I were to die.
    There's nothing stopping you giving joint access to the other executor that's in the UK.

    Also, as long as you have a paper trail of where the funds have come from, and you will have from the transferring bank, then I don't think it would be classed as your estate.
    The other executor would have to be present in person. The person at Barclays who I opened the account with explained about the issue should I die. 
  • kipsterno1
    kipsterno1 Posts: 450 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    msb1234 said:
    shiraz99 said:
    msb1234 said:
    shiraz99 said:
    2tanks said:
    Hello,

    My mother passed away recently and we have received grant of probate.

    I am one of 3 siblings named as executors/beneficiaries on the will.

    My mother had a substantial amount of assets/cash worth about 750k.

    We are now trying to open an executors account with all 3 brothers on the account but struggling as my eldest brother lives in Australia. They won’t let him on there as he is a non resident. He still has property in the uk and also an English bank account.

    Has anyone had any experience of this?

    Does anyone know if any banks will let non residents be on the executors account?

    Do we even need an executors account?

    Any help appreciated - happy to answer questions
    In essence, no you don't. Just create a standard account that you can separate to any other personal account.
    Actually, this may not be a great idea. If you open an account t in your sole name that isn’t an executor account, there could be an issue should anything happen to you before the estate is distributed. 
    I opened an executor account with Barclays recently. As such, the contents of the account fall outside my estate if I were to die.
    There's nothing stopping you giving joint access to the other executor that's in the UK.

    Also, as long as you have a paper trail of where the funds have come from, and you will have from the transferring bank, then I don't think it would be classed as your estate.
    The other executor would have to be present in person. The person at Barclays who I opened the account with explained about the issue should I die. 
    Would it not be the case if you held this money in a personal account and passed away then it would become a debt owed to the estate you have been dealing with?
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