what happens if an executor dies

Mojisola

Check ownership at the Land Registry - https://www.landregistry.gov.uk/

You don't really give enough information to know whether your uncle could have any claim on it. Did your grandfather change his mind about giving it to your uncle? Did he know what he was doing when he signed it over to your father?

dragon1234

Mojisola wrote: »

Check ownership at the Land Registry -

You don't really give enough information to know whether your uncle could have any claim on it. Did your grandfather change his mind about giving it to your uncle? Did he know what he was doing when he signed it over to your father?

Hi, thanks for your reply - I'm happy to provide as much information as required. We've checked on the Land Registry and it is clearly registered in my fathers name. My grandfather changed his mind and was fully aware that he was transferring ownership to my father.

Mojisola

dragon1234 wrote: »

Hi, thanks for your reply - I'm happy to provide as much information as required. We've checked on the Land Registry and it is clearly registered in my fathers name. My grandfather changed his mind and was fully aware that he was transferring ownership to my father.

In that case, isn't it clear cut? The property belongs to your father and your uncle has no claim on it.

Is someone suggesting that he has?

getmore4less

What sort of value is this estate. are there complications of gifts with reservations/preowned assets/gifts within 7 years.

Who was using/beniifing from the properties etc.

I think you need to go back and start from the first death(and potentialy 7 years before) and develop a proper time line of all the assets.

Then work through each step where there is dispute.

Also check that any taxes have been paid especialy any CGT on gifts of property.


it should be possible for you dad to get everything documented to be able to defend his position on the estates and work towards completing it

Then the uncles wife would have to go to court to dispute.

Mojisola

getmore4less wrote: »

What sort of value is this estate. are there complications of gifts with reservations/preowned assets/gifts within 7 years.

Who was using/beniifing from the properties etc.

I think you need to go back and start from the first death(and potentialy 7 years before) and develop a proper time line of all the assets.

Then work through each step where there is dispute.

Also check that any taxes have been paid especialy any CGT on gifts of property.

it should be possible for you dad to get everything documented to be able to defend his position on the estates and work towards completing it

Then the uncles wife would have to go to court to dispute.

It's clear from the first post that the uncle had died. I assumed that both father and grandfather were still alive as dragon didn't say otherwise.

If grandfather has already died, I would have expected the arguments about ownership of the property to have arisen when his estate was being settled.

If he has, follow getmore4less's advice.

YesWillMan

Mojisola wrote: »

Yes, he can continue as a lone executor.

http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm05114.htm

A chain of representation arises where all the executors die before completing the administration of the estate. Under s7(1) Administration of Estates Act 1925 (Article 32(1)) or the Administration of Estates (NI) Order, 1979 (in Northern Ireland) ‘an executor of a sole or last surviving executor of a testator is the executor of that testator’. The new executors are automatically appointed without the need for any further formalities.

Aled dies having appointed Brin and Cerys his executors. Brin and Cerys take out a grant of probate of Aled’s Will .

Brin dies having appointed Daphne and Eric as his executors. Cerys will carry on as the sole or surviving executor of Aled’s Will.

Cerys dies having appointed Petra and Quinn as her executors. So, Petra and Quinn become the executors by representation of Aled’s Will.

nelson60

Summary - Lone Executor dies.Will made in US.Beneficiaries in UK.

Scenario is that wife's aunt in US left will with lone executor, who survived the aunt and did his job with the solicitor writing for consent from all four equal beneficiaries as to equal division of assets.We consented to the proposal which was put forward and we signed and confirmed and returned the agreement.
The agreement involved equal cash division between the four and two tiny plots of land (size indicates grave plots/similar - very small).
One of the other equal beneficiaries did not agree to the proposal, just wanting the cash to be divided (land sold off/other).
During this time, the lone executor died.
At this stage all four beneficiaries had therefore not confirmed written agreement to the proposal.
Since this time (approx four years ago), the matter has been in limbo.
We have been reasonable throughout - not really minding which way it was sorted out - but as long as it was sorted out. But sadly, at present, the relationship with the objecting beneficiary has broken down in relation to this.They are relatively wealthy and secure and do not appear to want to take any action.
I have noticed in one of the posts above that if a lone executor dies, we can obtain a death certificate and go to the probate office and take over as executors.But this was for UK where we are based.
It has been the US factor which has seemed to make the matter more difficult.
We have written the solicitor several times, basically saying we were happy to have the will divided equally in any way.But have had no reply.
The only constructive suggestion when my wife at some cost phoned the solicitor in the States was that a US resident/passport holder could take over as executor.Neither of us have contacts in US and definitely not US citizens.Besides this, the solicitors have not acknowledged or replied to letters.
Both working full-time, this matter has been put to one side for some time.But my wife is successfully recovering from serious illness and redundancy, like for many, is on its way.So the cash left would be very useful/needed.
My wife is keen to sort this out asap.Does anyone have any solutions to what has been a headache for us everytime it crops up?
My wife had a very strong relationship with her aunt and it seems such a shame that her wishes in the will have not come to any type of fruition/her hard-earned and saved money has not been passed onto the ones she wanted.
We need a solution which does not involve the obstructing beneficiary - because, for whatever reason, she will not discuss it.
If anyone knows the answer, it would be greatly appreciated.
Many thanks.:)

getmore4less

nelson60 wrote: »

Summary - Lone Executor dies.Will made in US.Beneficiaries in UK.

Scenario is that wife's aunt in US left will

I think you need to research US estate administration laws.

I would start with a google seach and see what comes up.

then look for a US forum that might be able to help further.

LannieDuck

nelson60 wrote: »

Summary - Lone Executor dies.Will made in US.Beneficiaries in UK.

Scenario is that wife's aunt in US left will with lone executor, who survived the aunt and did his job with the solicitor writing for consent from all four equal beneficiaries as to equal division of assets.We consented to the proposal which was put forward and we signed and confirmed and returned the agreement.
The agreement involved equal cash division between the four and two tiny plots of land (size indicates grave plots/similar - very small).
One of the other equal beneficiaries did not agree to the proposal, just wanting the cash to be divided (land sold off/other).
During this time, the lone executor died.
At this stage all four beneficiaries had therefore not confirmed written agreement to the proposal.
Since this time (approx four years ago), the matter has been in limbo.
We have been reasonable throughout - not really minding which way it was sorted out - but as long as it was sorted out. But sadly, at present, the relationship with the objecting beneficiary has broken down in relation to this.They are relatively wealthy and secure and do not appear to want to take any action.
I have noticed in one of the posts above that if a lone executor dies, we can obtain a death certificate and go to the probate office and take over as executors.But this was for UK where we are based.
It has been the US factor which has seemed to make the matter more difficult.
We have written the solicitor several times, basically saying we were happy to have the will divided equally in any way.But have had no reply.
The only constructive suggestion when my wife at some cost phoned the solicitor in the States was that a US resident/passport holder could take over as executor.Neither of us have contacts in US and definitely not US citizens.Besides this, the solicitors have not acknowledged or replied to letters.
Both working full-time, this matter has been put to one side for some time.But my wife is successfully recovering from serious illness and redundancy, like for many, is on its way.So the cash left would be very useful/needed.
My wife is keen to sort this out asap.Does anyone have any solutions to what has been a headache for us everytime it crops up?
My wife had a very strong relationship with her aunt and it seems such a shame that her wishes in the will have not come to any type of fruition/her hard-earned and saved money has not been passed onto the ones she wanted.
We need a solution which does not involve the obstructing beneficiary - because, for whatever reason, she will not discuss it.
If anyone knows the answer, it would be greatly appreciated.
Many thanks.:)

Did all beneficiaries really have to agree to the proposal? I thought wills were administered according to the letter of the will and regardless of the feelings of the beneficiaries, but could later be challenged if one of the beneficiaries was unhappy (rather than needing consent of all beneficiaries in order to finalise it in the first place). I may well be wrong.

I'm a little confused by where the beneficiaries are living at present. Your wife is in the UK, and the objecting beneficiary is in the US. Where are the remaining two beneficiaries situated? If one of them is in the US, would they be willing to take over as executor?

nelson60

Lone executor dies.US will.UK beneficiaries.


Replies aleady - what a fantastic site! Thank you.

To clarify, all four beneficiaries are in the UK.

The aunt who died + left the will moved to + lived in the US.

Her husband (US resident) died many years before.

The will indicated equal division of assets.

The executor approached the solicitors to draw up the proposal, which did equally divide the assets.

The solicitor drafted a proposal, indicating that the land would be held in trust/similar. I think he was under a duty to act in the best interests of the beneficiaries + thought price for the land may increase/take time to sell.I do take the point that division of all assets into cash would have made things much simpler.But he did write to say there was reason.Each beneficiary would benefit equally.I suppose it is like someone leaving a house now at the lowest prices + the solicitor saying - it might be best to wait when hopefuly we are out of this recession.

It read well + we agreed assuming all other beneficiaries would do the same.We wanted the matter dealt with quickly/to draw a line under it + that signing it would speed the process up!Otherwise, more work would be required by the solicitors, more fees/etc.We have never minded which way the assets were divided + would have signed a proposal which suggested selling the land + dividing all into cash.

From the solicitor's view selling the land plots this may have taken time + added legal costs.So we think he was acting in the best interests of the beneficiaries when he drafted the proposal.

Above all, particularly after this time, we need a solution which avoids legal wrangling + legal costs reducing any potential deductions from the amount received.

As stated, the lone executor dying before all beneficiaries had signed agreement to division of assets was totally unexpected.
The obstructing beneficiary will not discuss the subject + the solicitor has not acknowledged letters, asking for resolution of the matter.The proceeds of the will are presumerably still held by the solicitor (after approx four years).

Just hoping someone out there has experience of this happening
- or something similar + a brilliant simple answer!:)