Executor - without being asked.

ThisIsWeird

Hi.
A relative has been told that they have been named as the executor of a friend's estate. This came as a surprise. They might also be a beneficiary, but no details have been provided yet.
They weren't asked at any point to undertake this role.
Is it a 'valid' role if they haven't been asked?
Thanks.

Flugelhorn

I think it is very thoughtless - my parents made me exec of their wills without mentioning it (probably reasonable that I was) but I think they should have mentioned it 

It is possible to renounce being an exec if relative doesn't want to do it 

goodread

Just because you are named as an executor of a will doesn't mean you have to take up the role. It's entirely up to you. You can either renounce it (give it up completely) or hold powers in reserve (let another executor do it unless anything happens to them).

ThisIsWeird

Thanks - I'll pass that on.
I take it it's just 'work', a bit of a hassle? Nothing more onerous than that?

elsien

Perfectly valid request, however if they don’t want to do it, they can simply renounce.
How onerous it may be depends on the assets of the provisions of the will and the relationships between beneficiaries.

Parent renounced as an executor when a house was left between five children, two were given two years grace to stay there and it was clear that after that they would  not agree to vacate the premises under any circumstances. 

She decided that they were all adults so one of them could take on the role and sort it out themselves. It is now 10 years later, nothing’s been sorted and parenf was well out of it. 

Keep_pedalling

They might like to look at the will before they decide whether to take the role on or not. If they are a major beneficiary it would probably be in their best interest to do so, if they were chosen because the testators children are at loggerheads then get the hell out of it.

Hoenir

ThisIsWeird said:

A relative has been told that they have been named as the executor of a friend's estate. 

Presumably not in isolation though. 

Flugelhorn

Keep_pedalling said:

They might like to look at the will before they decide whether to take the role on or not. If they are a major beneficiary it would probably be in their best interest to do so, if they were chosen because the testators children are at loggerheads then get the hell out of it.

totally ^ 
if there are children living in the property, a child who has been very very spendy in the past and propped up by parent etc then run. 
Possible of course that there are no relatives named and the whole lot goes to charity 

ThisIsWeird

Keep_pedalling said:

They might like to look at the will before they decide whether to take the role on or not. If they are a major beneficiary it would probably be in their best interest to do so, if they were chosen because the testators children are at loggerheads then get the hell out of it.

Thank you all.

Since been told there are possibly three wills! The original - 'valid' - one from around 7 years ago, which has my relative named as a beneficiary (and executor), a subsequent one 2 or 3 years later currently uncertain whether it's valid or not, and another even more recent which is 'not signed' so presumably moot. Lawdie.

Yes, she's been told she'll have sight of the original will at least.

Hoenir said:

ThisIsWeird said:
A relative has been told that they have been named as the executor of a friend's estate. 

Presumably not in isolation though. 

Very possibly.

Grumpelstiltskin

This  happened to me many years  ago, before internet.

My father in law had made a will making me and my brother in law ( his daughter's husband) executors. BiL had the original and he presented it to me saying ' I think you could do this better than I could'

No problem I asked for all documents and completed it. Then about 2 years later I found out I had been lied to and there was money I hadn't been told about.

I only found out when the person who had lied had to admit about it as the company concerned wanted to see the grant of probate which I had. So you must be careful.

ThisIsWeird

Grumpelstiltskin said:

This  happened to me many years  ago, before internet.
My father in law had made a will making me and my brother in law ( his daughter's husband) executors. BiL had the original and he presented it to me saying ' I think you could do this better than I could'
No problem I asked for all documents and completed it. Then about 2 years later I found out I had been lied to and there was money I hadn't been told about.
I only found out when the person who had lied had to admit about it as the company concerned wanted to see the grant of probate which I had. So you must be careful.

Scary - and devastating, I'm sure.

I've had a quick Google into what's involved, and wow. I mean - like you sadly found - how do you KNOW what all the deceased's assets are? How far and deep do you look?!

My recommendation to my relative will be, if you aren't a (reasonably significant) beneficiary, then pass on it.

A slight correction to my OP; it seems my relative was 'asked' a good few years ago by this friend (more told than asked) that she would be the executor of her estate. It was said casually, and my relative changed the subject as she found such talk with this elderly person uncomfortable. Lawdie.