Executor

Hagarep

Hi

What happens if there is nobody willing to be an executor to a will that requires probate. 

I have seen reference to a court appointing an executor but which court would this be and how does it work
Thanks

littleredhen

is it that the person hasn't died yet but no-one wants to be executor ??

Mands

Hagarep said:

Hi

What happens if there is nobody willing to be an executor to a will that requires probate. 

I have seen reference to a court appointing an executor but which court would this be and how does it work
Thanks

Is this related to your other thread and your mother-in-law's estate?

If so, the Equity Release firm can administer the estate and it's in their interests to do so. 

Keep_pedalling

Mands said:

Hagarep said:

Hi

What happens if there is nobody willing to be an executor to a will that requires probate. 

I have seen reference to a court appointing an executor but which court would this be and how does it work
Thanks

Is this related to your other thread and your mother-in-law's estate?

If so, the Equity Release firm can administer the estate and it's in their interests to do so. 

Exactly, if the there is a major creditor they will have to take it on. You can simply inform the them that no one is willing to administer the estate and where do they want the house keys sent to. Just the costs associated with maintaining the house will eat anything up left after any funeral costs. 

Flugelhorn

likely the ER company will have their own solicitors who will take this on when you make it clear that you will not be administering.

Pollycat

Mands said:

Hagarep said:

Hi

What happens if there is nobody willing to be an executor to a will that requires probate. 

I have seen reference to a court appointing an executor but which court would this be and how does it work
Thanks

Is this related to your other thread and your mother-in-law's estate?

If so, the Equity Release firm can administer the estate and it's in their interests to do so. 

The OP's other thread for reference:
Probate, POA and Executors — MoneySavingExpert Forum

tetrarch

Trying to interpret the OP's motives but I sense some understandable guilt involved in just "dropping" their relative's estate into the legal ether

Unfortunately, as anyone who has navigated this proicess will know, there is a morass of organisations and interested parties involved with an estate - not limited to:

Financial Institutions
Government Entities of all sorts incl NHS, Pensions, Local Government etc etc
Utlities

Plus other parties such as neighbours of the deceased who may have been friends/carers and now have an empty adjacent property and a potentially very long period whilst the estate gets sorted out. Being an executor is a protracted, complex, extremely time-consuming and often painful process, especially when you're trying to navigate the grief process.  

I would (and have) suggest(ed) that opening a dialogue with the ER would be a good thing to do but only immediately after the funeral and payment thereof. as they are the most incentivised party to the residue of the estate.

Regards

Tet

Hagarep

Yes this post is related to my previous post
Thankyou for your excellent advise which makes perfect sense under the circumstances.
I have checked and we have not been intermeddling with her estate although we will be meeting the funeral directors this week and arranging payment direct from the bank. The only other payment we would need to make is for registering the death and paying for death certificates. I understand this is not classed as intermeddling.
i have reviewed the form PA15 which seems fairly simple but it instructs once completed it is to be handed to the new executor. This indicates that it is the existing executors responsibility to arrange a replacement executer which in our case is the ER company. What if the ER company does not agree (which I am sure is unlikely) ?. Who,s responsibility would it be to find a new executor.
Apart from filling in the PA15 form is there anything else needed. I have read somewhere that some kind of deed prepared by a solicitor is required
Thanks in advance

Flugelhorn

I think you may find that the ER company would prefer to take it on as they have some control over getting their money back - risk to them is that nothing could be done for years if they don't do something 

bobster2

Hagarep said:

What if the ER company does not agree (which I am sure is unlikely) ?. Who,s responsibility would it be to find a new executor.

Not yours. So long as you don't intermeddle you are under no obligation to do anything - you can just walk away.

If the estate is insolvent - and the ER want some money - they would have to do something.

You don't have to ask for their agreement - you can just tell them that you are not administering the estate - and they can then decide what to do.

Mands

Hagarep said:

Yes this post is related to my previous post
Thankyou for your excellent advise which makes perfect sense under the circumstances.
I have checked and we have not been intermeddling with her estate although we will be meeting the funeral directors this week and arranging payment direct from the bank. The only other payment we would need to make is for registering the death and paying for death certificates. I understand this is not classed as intermeddling.
i have reviewed the form PA15 which seems fairly simple but it instructs once completed it is to be handed to the new executor. This indicates that it is the existing executors responsibility to arrange a replacement executer which in our case is the ER company. What if the ER company does not agree (which I am sure is unlikely) ?. Who,s responsibility would it be to find a new executor.
Apart from filling in the PA15 form is there anything else needed. I have read somewhere that some kind of deed prepared by a solicitor is required
Thanks in advance

The ER company are *highly* incentivised here. The biggest, only, asset comes to them. If they administer they use their own in-house lawyers, who do this on a regular basis, and they work to their own timeline. They are not going to fight you on this. 

From everything you've said there is zero benefit to you/your wife executing this will. You are not letting your MIL down in any way.