Maybe problems of an executor

lr1277

What do you think your husband has signed agreeing to take on this work?

As far as I know, no signature is required. Unless (and forgive me if I am wrong) you are thinking of a POA?

jittersandbang

Pretty sure it was a Will. Its been a few years since it was signed but he definately signed it.
I'm sure it was said recently the kids have Power Of Attorney between them (to stop them arguing he said). Thinking about it, why couldn't he have appointed them executors of the Will? 

jittersandbang

 I've just discovered a deed of renunciation PA15 must be signed, to renounce the role of executor on the government website. 
Thanks for your input. 

bobster2

jittersandbang said:

Pretty sure it was a Will. Its been a few years since it was signed but he definately signed it.
I'm sure it was said recently the kids have Power Of Attorney between them (to stop them arguing he said). Thinking about it, why couldn't he have appointed them executors of the Will? 

Executors don't sign a will when it is written - they are just named on it. Anyone can name anyone - whether that person will fulfil the role when the time comes is a different matter.

 I've just discovered a deed of renunciation PA15 must be signed, to renounce the role of executor on the government website. 
Thanks for your input. 

This is a form that can be filled in after someone has died so that a named executor can give up their responsibility.

poppystar

I think you really need to establish what your husband has signed - it certainly wouldn’t have been the Will. 

Given he has already indicated he doesn’t want to do the job and it doesn’t sound as if he is a beneficiary either, then walk away when the time comes without feeling bad about it. And, yes, at that point complete the PA15 before he has touched anything so he is not deemed to have intermeddled at all. The Will also sounds like one that might create conflict so another reason to walk away. 

msb1234

I would remind the relative that if he has left his house to one person and his insurance to another, then all his debts plus funeral expenses will likely have to be paid out of the proceeds of the house sale, so the person named as the beneficiary of the house will only get a proportion of the proceeds.
In addition, you mention that one beneficiary is on benefits. The likelihood is that if those are means tested benefits such as Universal Credit, then any inheritance they receive over £16K will reduce or even stop those benefits. 

Perhaps it would be wise for the relative to see an actual solicitor to write a new will taking all of this into account. Can your husband not help him with this?

Dobbibill

Maybe your husband signed the Will as a witness not an executor.

It's normal for a will to be witnessed by 2 people.

bobster2

Dobbibill said:

Maybe your husband signed the Will as a witness not an executor.

It's normal for a will to be witnessed by 2 people.

That's probably it. I think an executor can be a witness so long as they are not a beneficiary.

FlorayG

msb1234 said:

I would remind the relative that if he has left his house to one person and his insurance to another, then all his debts plus funeral expenses will likely have to be paid out of the proceeds of the house sale, so the person named as the beneficiary of the house will only get a proportion of the proceeds.
In addition, you mention that one beneficiary is on benefits. The likelihood is that if those are means tested benefits such as Universal Credit, then any inheritance they receive over £16K will reduce or even stop those benefits. 

Perhaps it would be wise for the relative to see an actual solicitor to write a new will taking all of this into account. Can your husband not help him with this?

Or, depending on how much you care about what happens AFTER this relative dies, do nothing and leave it for someone else to sort out when it happens. The relative won't be upset or worried because he will be gone. Depends on how much you care about the beneficiaries, obviously, as it will be their mess to sort out.

OP the relatives don't pay for the funeral, it comes out of the deceased's estate. It seems pretty clear the house will need to be sold to cover this and the debts so the will is a mess. A simple will written by a real solicitor wouldn't be expensive and a solicitor will mention all the possible pitfalls that seem to have been neglected here

FlorayG

jittersandbang said:

I'm sure it was said recently the kids have Power Of Attorney between them (to stop them arguing he said). Thinking about it, why couldn't he have appointed them executors of the Will? 

Arguing about what? I would have thought that joint POA would cause MORE arguments not fewer as they both have responsibility rather than one of them