Maybe problems of an executor

jittersandbang

Heck it's been so long ago now I'm questioning what he signed. I was there at the time. We both read through the Will, it seemed straight forward. Maybe it was just being a witness but I know he's being expected to sort out his affairs after death. It's a bit much to ask to see what he signed again. If no signature was needed to be appointed executor then maybe its just a matter of signing this form and sending it off to the probate office and maybe he can dodge the bullet that can get him in trouble. I hope so anyway. 
The 'child' on benefits... Not my husbands problem how it affects their benefits. He doesn't have a close relationship with them but wishes them no harm. 

jittersandbang

bobster2 said:

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.

Well that's screwed it up even further. The kids are both beneficiaries. They can't be executors then. The relative has no other family or friends. Keeps himself to himself.
Nobody in their right mind would take on this mess. 

doodling

Hi,

jittersandbang said:

 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. 

That is a form that needs to be filled in when someone else wants to be the executor after the testator has died.  No-one will want that form before that time.

To make it really clear, no-one can be forced to be an executor, it is entirely the choice of the person named as executor in the will whether they take the job on.  That choice can be made before death by asking the testator to choose another executor (although they are not obliged to change the executor if they don't want to) or after death, simply by not doing the job and filling in a PA15 when someone asks them to (there is no point in filling in a PA15 before that point).

tooldle

An executor can be a beneficiary but not a witness. Suggest the will is rewritten by a solicitor. The solicitor will provide the witnesses.

doodling

Hi,

jittersandbang said:

bobster2 said:

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.

Well that's screwed it up even further. The kids are both beneficiaries. They can't be executors then. The relative has no other family or friends. Keeps himself to himself.
Nobody in their right mind would take on this mess. 

No, it is fine, the rule is that a witness cannot be a beneficiary.  As your husband is executor and (maybe) a witness but not a beneficiary then that is OK.  Providing that the sons weren't witnesses then all is good.

Executors can be beneficiaries - most are as they are the people most interested in getting the job done, but your case is different.

jittersandbang

Your giving me hope. Much hope. 

elsien

Parent was in your situation. Executor of a will where due to family dynamics, it was going to be an impossible task to sort out the estate.

Parent simply renounced. As far as we are aware, many years down the line, none of the children stepped up to administer the  estate so it’s never been administered. Property still in the deceased name. Beneficiaries have never had their share. That is their problem to sort. 

If he  writes a new will, he could appoint a solicitor to be executor, however, they will need to be paid which again comes down to the house potentially being sold. 

If the insurance falls out of the estate then the house will have to be sold to pay the debts regardless of what the will says about leaving it to one child. 

it really doesn’t sound as if he has thought this through properly and I would agree that a new will should be considered

bobster2

jittersandbang said:

bobster2 said:

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.

Well that's screwed it up even further. The kids are both beneficiaries. They can't be executors then. The relative has no other family or friends. Keeps himself to himself.
Nobody in their right mind would take on this mess. 

That's not what I said.

Beneficiaries CAN be executors.

Beneficiaries cannot witness the will.

jittersandbang

bobster2 said:

jittersandbang said:

bobster2 said:

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.

Well that's screwed it up even further. The kids are both beneficiaries. They can't be executors then. The relative has no other family or friends. Keeps himself to himself.
Nobody in their right mind would take on this mess. 

That's not what I said.

Beneficiaries CAN be executors.

Beneficiaries cannot witness the will.

I stand corrected. Thanks. 

Keep_pedalling

jittersandbang said:

Keep_pedalling said:

jittersandbang said:

Keep_pedalling said:

If an adult child is the main beneficiary then they would normally be the best choice of executor, is there any reason they would be incapable of handling it?

The debts would have to be pretty substancial if they would wipe out the value of a house. If it turns out that the estate is insolvent your husband can simply renounce his executor’s powers and have nothing to do with winding up the estate.

I'm assuming the relative didn't think the 'kids' weren't up to the job.

The debts won't wipe out the value of the house but will most likely wipe out the insurance money being left to 'child' 2.

It is likely that the insurance will not form part of his estate, in which case the house will need to be sold to pay the debt.

Normally it is a bad idea to leave a specific property to someone as by the time you die you may no longer own it. Was this will drawn up by a solicitor?

The Will was drawn up by one of these cut price/do away with a solicitor sort of job. They came to the house and writ it up and posted it out. The Will itself looked straightforward. 

If he is capable he should have that reviewed by a solicitor and anew one drawn up.