Is it illegal for 1 beneficiary to inform the other that they are executor, when they are not.

Savvy_Sue

DEHANIELLE said:

Alderbank said:

What you have described is fine and perfectly legal.

If the sole executor renounces then a beneficiary, any beneficiary, can apply for ‘Letters of Administration with will annexed’. This sounds to be exactly what has happened.
Their legal title is administrator, not executor, but they have the same rights and duties as if they had been appointed executor.

Thank you for your comments, its is my understanding that to be able to apply for a letter of administration with will annexed, then both beneficiaries have to agree for either party to apply or they both apply together, this has not been agreed upon.

I don't know where you get your understanding from, but I think it is wrong. Of course, I might be wrong too, but having looked at the form the renouncing executor would have filled in, there's no mention of agreement from anyone about who takes the role on. 

https://assets.publishing.service.gov.uk/media/60b74244e90e0732b2acacb6/PA15_0421_save.pdf

None of the sites I've skimmed around suggest that 'both' beneficiaries have to agree: what if there are lots of beneficiaries and they can't? 

The person who has the will in their possession is the one who holds the power. You feel aggrieved, but that's the situation. 

Alderbank

Dave_5150 said:

DEHANIELLE said:

Alderbank said:

What you have described is fine and perfectly legal.

If the sole executor renounces then a beneficiary, any beneficiary, can apply for ‘Letters of Administration with will annexed’. This sounds to be exactly what has happened.
Their legal title is administrator, not executor, but they have the same rights and duties as if they had been appointed executor.

Thank you for your comments, its is my understanding that to be able to apply for a letter of administration with will annexed, then both beneficiaries have to agree for either party to apply or they both apply together, this has not been agreed upon.

Details of who can apply and an online tool to help decide who that may be can be found here:

https://www.gov.uk/government/publications/apply-for-probate-by-post-if-there-is-not-a-will

Your link is not relevant and will cause confusion.

There is a clue in the title of your link: ...if there is not a will...

doodling

Hi,

Alderbank said:

Dave_5150 said:

DEHANIELLE said:

Alderbank said:

What you have described is fine and perfectly legal.

If the sole executor renounces then a beneficiary, any beneficiary, can apply for ‘Letters of Administration with will annexed’. This sounds to be exactly what has happened.
Their legal title is administrator, not executor, but they have the same rights and duties as if they had been appointed executor.

Thank you for your comments, its is my understanding that to be able to apply for a letter of administration with will annexed, then both beneficiaries have to agree for either party to apply or they both apply together, this has not been agreed upon.

Details of who can apply and an online tool to help decide who that may be can be found here:

https://www.gov.uk/government/publications/apply-for-probate-by-post-if-there-is-not-a-will

Your link is not relevant and will cause confusion.

There is a clue in the title of your link: ...if there is not a will...

The same rules apply if there is a will but no executor.

Having said that, the OPs posts make it very unclear whether there a valid will or not...