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Anyone here acted as an executor of a will?

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  • poppystar
    poppystar Posts: 1,632 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Surely if it’s not signed it’s not valid and the solicitor should know this? Where was the new Will found or was it produced by relatives?

    I’d go down the solicitor route but would be tempted to find a new one. Someone with fresh eyes on the situation and not involved in the writing of previous Wills. 
  • Newly_retired
    Newly_retired Posts: 3,183 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    When my husband died  went to a local STEP solicitor with the will to clarify certain issues and was given very useful information, for free, from which I decided that getting Probate myself would be time-consuming ( and therefore costly for a solicitor to do )  but not technically difficult. So I did it myself. I would have had to do the work of finding information about his various accounts, subscriptions etc to give to a solicitor. He did get some work out of me as I instructed him when I made a new will and I also used him regarding property, but these were separate matters. So you can use a solicitor for specific tasks, rather than handing everything over to them and proceeding at their slower pace.
  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
    1,000 Posts Second Anniversary Name Dropper
    poppystar said:
    Surely if it’s not signed it’s not valid and the solicitor should know this? Where was the new Will found or was it produced by relatives?

    I’d go down the solicitor route but would be tempted to find a new one. Someone with fresh eyes on the situation and not involved in the writing of previous Wills. 
    I don't have these details, I'm afraid, and not sure yet what my relative knows. I'll find oot.
    Yes, if the will hasn't been signed then it's invalid. I think the concern is - is there an updated signed copy anywhere?!
    The 'proper' one was held by Which Wills.
    Cheers.

  • p00hsticks
    p00hsticks Posts: 14,426 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    poppystar said:
    Surely if it’s not signed it’s not valid and the solicitor should know this? Where was the new Will found or was it produced by relatives?

    I’d go down the solicitor route but would be tempted to find a new one. Someone with fresh eyes on the situation and not involved in the writing of previous Wills. 
    I don't have these details, I'm afraid, and not sure yet what my relative knows. I'll find oot.
    Yes, if the will hasn't been signed then it's invalid. I think the concern is - is there an updated signed copy anywhere?!
    The 'proper' one was held by Which Wills.
    Cheers.

    Because of course, if there is an updated signed and valid copy, your relative may turn out to be neither executor and/or beneficiary.
  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 6 March at 3:34PM
    poppystar said:
    Surely if it’s not signed it’s not valid and the solicitor should know this? Where was the new Will found or was it produced by relatives?

    I’d go down the solicitor route but would be tempted to find a new one. Someone with fresh eyes on the situation and not involved in the writing of previous Wills. 
    I don't have these details, I'm afraid, and not sure yet what my relative knows. I'll find oot.
    Yes, if the will hasn't been signed then it's invalid. I think the concern is - is there an updated signed copy anywhere?!
    The 'proper' one was held by Which Wills.
    Cheers.

    Because of course, if there is an updated signed and valid copy, your relative may turn out to be neither executor and/or beneficiary.
    Of course.
    But - wow - it's turned out to be more murky than that.
    I'll update if I can.

  • LouMcF
    LouMcF Posts: 8 Forumite
    Sixth Anniversary First Post Combo Breaker
    I am the eldest of 6 children and was executor for my mother’s will, father having predeceased her. 2 brothers were estranged and had been left a nominal amount with the rest shared equally. In Scotland there is no probate rather it’s confirmation ( very similar) Her property had previously been sold so the estate was mainly cash so straightforward and everything was settled and ready to be finalised within 12 weeks. However I knew under Scottish law that the estranged children could petition if not treated equally so having worked out the maximum the brothers could claim and with the agreement of the others I issued cheques minus what we rightly expected would be fought over and it was! But even so it was actually straightforward and completed without any legal help.
  • RAS
    RAS Posts: 35,545 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Was the house held tenants in common, joint tenancy or sole tenancy in dad's name?
    With respect to other assets, roughly how much is in joint accounts and accounts in dad's sole name?
    If you've have not made a mistake, you've made nothing
  • Flugelhorn
    Flugelhorn Posts: 7,306 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    poppystar said:
    Surely if it’s not signed it’s not valid and the solicitor should know this? Where was the new Will found or was it produced by relatives?

    I’d go down the solicitor route but would be tempted to find a new one. Someone with fresh eyes on the situation and not involved in the writing of previous Wills. 
    I don't have these details, I'm afraid, and not sure yet what my relative knows. I'll find oot.
    Yes, if the will hasn't been signed then it's invalid. I think the concern is - is there an updated signed copy anywhere?!
    The 'proper' one was held by Which Wills.
    Cheers.

    Because of course, if there is an updated signed and valid copy, your relative may turn out to be neither executor and/or beneficiary.
    Of course.
    But - wow - it's turned out to be more murky than that.
    I'll update if I can.

    this definitely needs to be clarified early on before anyone including OP starts to do any work on the old will or assets
  • buel10
    buel10 Posts: 469 Forumite
    Part of the Furniture 100 Posts
    RAS said:
    Was the house held tenants in common, joint tenancy or sole tenancy in dad's name?
    With respect to other assets, roughly how much is in joint accounts and accounts in dad's sole name?
    Thank you for this. Mum thinks 90% in Dad’s name but where to check?
    Almost nothing in bank accounts and no real assets other than a £4,000 Land Rover and the house…
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