Pulling out of an executorship

GaryBC

I've already checked with the SRA. They said.... 

"We do not hold any records on the files of Fordyce & Company (SRA number 70209) as it is an older record. 
You may seek independent legal advice on your next steps.
We cannot help you with legal advice or comment on your legal matter."

So no, they can't!

I'm sure there are ways and means to dig further and deeper to locate the Will but it's exactly the 5h1t like this my wife wants nothing to do with! 

Keep_pedalling

Then it is down to your SILs children to pursue this, your wife has no obligation to be involved further. 

thegreenone

Slightly worrying that BiL is not going for Probate.  Which means he inherits everything and can easily leave out his step-children from his Will.  So they will inherit absolutely nothing, which goes against their mother's wishes.

Does your wife get on with her late sister's children?  If yes, please ask your wife to hold off renouncing and keep digging to find that Will.  Her nieces/nephews may need Wife, if the Will is found, to fight their corner.

GaryBC

Keep_pedalling said:

Then it is down to your SILs children to pursue this, your wife has no obligation to be involved further. 

That's what she's aiming for! 

GaryBC

thegreenone said:

Slightly worrying that BiL is not going for Probate.  Which means he inherits everything and can easily leave out his step-children from his Will.  So they will inherit absolutely nothing, which goes against their mother's wishes.

Does your wife get on with her late sister's children?  If yes, please ask your wife to hold off renouncing and keep digging to find that Will.  Her nieces/nephews may need Wife, if the Will is found, to fight their corner.

Wife largely lost touch with her sister over the years and there's no love lost between her and her nephews either so has no interest in fighting their corner. Another reason for her backing away! 

Keep_pedalling

PGaryBC said:

thegreenone said:

Slightly worrying that BiL is not going for Probate.  Which means he inherits everything and can easily leave out his step-children from his Will.  So they will inherit absolutely nothing, which goes against their mother's wishes.

Does your wife get on with her late sister's children?  If yes, please ask your wife to hold off renouncing and keep digging to find that Will.  Her nieces/nephews may need Wife, if the Will is found, to fight their corner.

Wife largely lost touch with her sister over the years and there's no love lost between her and her nephews either so has no interest in fighting their corner. Another reason for her backing away! 

There is absolutly nothing stopping her doing so. In her shoes I would write to them explaining that she not willing to act as executor to their mother’s estate and advise them to take legal advice in how to proceed. Enclose the PA15 and the copy of the will she holds. 

GaryBC

Keep_pedalling said:

PGaryBC said:

thegreenone said:

Slightly worrying that BiL is not going for Probate.  Which means he inherits everything and can easily leave out his step-children from his Will.  So they will inherit absolutely nothing, which goes against their mother's wishes.

Does your wife get on with her late sister's children?  If yes, please ask your wife to hold off renouncing and keep digging to find that Will.  Her nieces/nephews may need Wife, if the Will is found, to fight their corner.

Wife largely lost touch with her sister over the years and there's no love lost between her and her nephews either so has no interest in fighting their corner. Another reason for her backing away! 

There is absolutly nothing stopping her doing so. In her shoes I would write to them explaining that she not willing to act as executor to their mother’s estate and advise them to take legal advice in how to proceed. Enclose the PA15 and the copy of the will she holds. 

Yeah, that's probably the way she's going to go. Thanks.