Seeing Will before deciding whether to act as Executor

Yvfm

Could anyone please tell me whether the person named as Executor in a Will is allowed to see the Will after the person has died  before they decide whether to act as Executor. Thanks

p00hsticks

I don't see why not - after all, you need sight of the will to confirm that you ARE the executor.
If you are then you can decide whether to stand down.   

Marcon

Yvfm said:

Could anyone please tell me whether the person named as Executor in a Will is allowed to see the Will after the person has died  before they decide whether to act as Executor. Thanks

Yes. It's not some sort of blind date!

Richard1212

An executor can ask to see a Will before death, and it is probably wise to do so IF he knows that he has been named as executor. Same if the person who wrote the Will offers sight of it to executor anytime before death, preferably at time of finalising Will. A prospective executor should be given the chance to turn down the role ( as it is usually onerous even with "simple " Wills ). The writer of the Will has no legal requirement to tell executor that he/she has been named as executor/executrix. But the writer should have some thought to the stress he/she may be putting a spouse through before naming him/her as executor/executrix  : many spouses are far too upset, not thinking correctly, are just not up to the duties of executor ( and many are known to ask a solicitor to handle the job for them). 

Having said all that, legally, a Will needs to be seen by nobody at all until after death, so no executor nor beneficiaries have to know anything before death. But the writer should tell next of kin or someone else exactly where to find his/her Will. Once Will is opened, only the executor can take action in dealing with all the matters arising---he need not even show a copy to beneficiaries unless he decides to do so.

A simple Will , with a married couple making each other both sole beneficiary AND executor/executrix is very common but often leaves a grieving spouse in no fair condition to carry out the duties----such a surviving spouse may wish to ask a solicitor to deal with all the points of detail.

Wills are not always written with the thought and consideration and respect that they deserve when being drawn up ; they are serious documents, even when sounding very easy and simple, and should be given careful condition before being drawn up.

And make sure they are kept up to date-----beneficiaries may have died, you may have changed your mind about certain aspects, you may have decided to leave different instructions about the way you wish to be buried/cremated or even something as seemingly trivial as the music you want to be played at your funeral if any.

A lot to think about and get right----and everyone should have A Will.

Mojisola

Yvfm said:

The person asked someone who they trusted to act as Executor years ago.They told them the name of Solicitors who held the original but they don't know what is stated in the Will
As they have acted as Executor many times with no problems they agreed. However the Estate isn't as straightforward as was made out. They have made no provision for IHT and there could possibly be a challenge to the Will? (Will only find out when people who think they should get something, don't).
The Executor will distribute the assets in accordance with what is stated as that is the deceased wishes, however there will be obstacles. To complicate matters I understand the person who wrote the Will no longer has capacity to make a new one

This is a good reason to employ a solicitor to do the executor work - stay as executor and sign off on everything but let the solicitor deal with all the problems.  

All the costs will come out of the estate.

Keep_pedalling

Yvfm said:

Thanks for replies.
Richard I agree with your comments completely.
The person asked someone who they trusted to act as Executor years ago.They told them the name of Solicitors who held the original but they don't know what is stated in the Will
As they have acted as Executor many times with no problems they agreed. However the Estate isn't as straightforward as was made out. They have made no provision for IHT and there could possibly be a challenge to the Will? (Will only find out when people who think they should get something, don't).
The Executor will distribute the assets in accordance with what is stated as that is the deceased wishes, however there will be obstacles. To complicate matters I understand the person who wrote the Will no longer has capacity to make a new one

As the testator is still alive then they have no right to see the will. Normally you could ask the testator but that does not seem possible. Just wait until the time comes and decide them.

What do you mean by “no provision for IHT” 

kuratowski

Alternatively, there's nothing to force the person named in the will to actually act as executor.  They could consider renouncing, and if they're not a beneficiary, that would be the end of their involvement.

You're not really committed as executor until the point you submit the application for probate.  Naturally, if you're contemplating stepping aside, it would be wise not to take any steps to administer the estate.

Marcon

kuratowski said:

Alternatively, there's nothing to force the person named in the will to actually act as executor.  They could consider renouncing, and if they're not a beneficiary, that would be the end of their involvement.

You're not really committed as executor until the point you submit the application for probate.  Naturally, if you're contemplating stepping aside, it would be wise not to take any steps to administer the estate.

Beware. You severely limit any wriggle room once you 'intermeddle' (ie do anything which could be construed as taking steps to administer the estate).

Mojisola

Marcon said:

Beware. You severely limit any wriggle room once you 'intermeddle' (ie do anything which could be construed as taking steps to administer the estate).

There's no reason why the executor shouldn't collect the will from the solicitor, read the contents and then decide whether they want to go ahead with the role before taking any action whatsoever regarding the estate. 

If they decide to renounce, it would be wise to notify the beneficiaries and pass the will on to whoever would take the role - the order is set out:

"spouse or civil partner; children; parents; brothers or sisters; 

other relatives (depending on who is entitled to the estate). 

If any of these people die before the deceased, their children may apply."

www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs14_dealing_with_an_estate_fcs.pdf

Marcon

Mojisola said:

Marcon said:

Beware. You severely limit any wriggle room once you 'intermeddle' (ie do anything which could be construed as taking steps to administer the estate).

There's no reason why the executor shouldn't collect the will from the solicitor, read the contents and then decide whether they want to go ahead with the role before taking any action whatsoever regarding the estate. 

Indeed - but 'You're not really committed as executor until the point you submit the application for probate' as suggested in the post above means they'll have done rather a lot of intermeddling!