I am an executor, if I die can I leave those duties to my sister

optimist?

I am the sole executor for my Mother who died in 2020, to dispose of her estate and look after my brother who has continued to live in the family home since then - he is ESN and difficult to deal with. Under the terms of her WIll if he cannot look after the property then it must be sold and the proceeds divided between him, my sister and myself. He cannot look after the property which is becoming neglected and ramshackle, and has said he wants a flat instead of the resposnibility of a house and garden. We have done a great deal to clear up the problem of the property but there is much still left to be done before we can reach the point of sale. My problem is that I am aging rapidly and not in the best of health and am concerned that I cannot see this process through to completion. If anything happens to me can I leave the duties of the executor to my sister, who is the next oldest and a responsible person who will have his best interests at heart?

user1977

Yes, of course. And if your sister is your executor, that's what would happen by default anyway.

Keep_pedalling

Did your mother’s will leave your brother a life interest in the home which would have created an immediate post death interest trust? If so then this is the responsability of the trustees rather than the executor so it would be worth make your sister a trustee. 

poseidon1

optimist? said:

I am the sole executor for my Mother who died in 2020, to dispose of her estate and look after my brother who has continued to live in the family home since then - he is ESN and difficult to deal with. Under the terms of her WIll if he cannot look after the property then it must be sold and the proceeds divided between him, my sister and myself. He cannot look after the property which is becoming neglected and ramshackle, and has said he wants a flat instead of the resposnibility of a house and garden. We have done a great deal to clear up the problem of the property but there is much still left to be done before we can reach the point of sale. My problem is that I am aging rapidly and not in the best of health and am concerned that I cannot see this process through to completion. If anything happens to me can I leave the duties of the executor to my sister, who is the next oldest and a responsible person who will have his best interests at heart?

If your mother's death occurred back in 2020, your executorship is likely over, and you are now de facto trustee of the house trust for your brother.

As such, you should now be registering the trust on HMRC's trust register ( sooner rather than later).

As to formal recognition of your trusteeship, has the property title been transferred to you?

Whether or not that has occurred,  assuming your sister is willing to do so you should appoint her as Co trustee to act along side you in administering the trust. You will likely need a solicitor to draw up an appropriate deed of trustee appointment on your behalf.  With your sister on board as trustee, she continues in that capacity in the event of your death.

An observation I would make, in the event of you predeceasing your sister, if you also choose to make her a lead executor of your personal estate, that might be a considerable burden in addition to administering the trust for your brother. Is there no one else who can share dealing with your estate when the time comes?

Bearing in mind once you have passed, your sister will have to consider appointing a replacement trustee to act along side her to ensure continuity of trusteeship in the event of her death, so best to plan for and consider these contingencies as early as you all can.