Deed of Variation - Executor signing

Pre88GMP

I am the Executor to my late mother's Estate. Mum left her house to her 4 children, I am one. I used a solicitor to obtained Probate on behalf of the Estate. There is no IHT due as mum had both the full Nil rate band and the Residence band. The house is in the process of being sold but it is not a done deal.

2 of my siblings are using a Solicitor to draw up a Deed of Variation leaving their share of of the proceeds from selling the house to their children.

Their solicitor is demanding that I provide proof of ID and then that I must sign each of the DoVs that he has already sent to me.

My understanding is that as there is no change to the tax status brought about by a simple DoV the Executor is not required to sign, nor send a copy to HMRC. So I don't believe I need to have any involvement in their plans. And as I am not a client of ‘their’ solicitor I have no need to go through the process of providing a further ID check just to sign their Deed.

Is my understanding correct?

Thanks

Keep_pedalling

You are correct you don’t need to be involved, and your siblings are paying for something they can do themselves for nothing. 

Pre88GMP

Thank you, that was exceptionally quick.
The other thing their solicitor has told me is that I must pay the disbursements directly into the accounts of my 4 nephews, one who resides in Australia. Am I required to do that and if so do I need to carry out AML checks.
Sorry for the add on 
Thanks again

Keep_pedalling

Pre88GMP said:

Thank you, that was exceptionally quick.
The other thing their solicitor has told me is that I must pay the disbursements directly into the accounts of my 4 nephews, one who resides in Australia. Am I required to do that and if so do I need to carry out AML checks.
Sorry for the add on 
Thanks again

If the DoV is made before you distribute the estate then you would distribute their inheritance direct to them, but as a lay executor you don’t have to do AML checks.

Pre88GMP

Thanks again. I can't believe that in less than an hour on a Saturday evenjng someone, you, have answered both my questions. It is very much appreciated.
Signing out.

Hoenir

Keep_pedalling said:

 but as a lay executor you don’t have to do AML checks.

Executorship is a legal duty with all the responsibilties that come with the role. Not being aware of what they are isn't an excuse. Doesn't apply to me unfortunately doesn't wash. Should matters go awry.  

Keep_pedalling

Hoenir said:

Keep_pedalling said:

 but as a lay executor you don’t have to do AML checks.

Executorship is a legal duty with all the responsibilties that come with the role. Not being aware of what they are isn't an excuse. Doesn't apply to me unfortunately doesn't wash. Should matters go awry.  

Are you saying the OP should be doing AML checks? That maybe an extra responsibility a solicitor has but it It is not a responsibility that falls on a lay executor.