what happens if an executor dies

Savvy_Sue

securityguy wrote: »

The scenario wasn't a debt, but a subsequent will (or more precisely, a will when the estate was assumed to be intestate) appearing. If executors are responsible for that, in a case when the solicitor won't release the will anyway, then no-one should should ever accept an executorship, because there's always the possibility of another will showing up.

Which is why I want to know:

Savvy_Sue wrote: »

But how do you know there is a will lodged with this solicitor, and who the executor is, if you haven't yet seen it?

Did nukes and his brother make all reasonable enquiries at the time they applied for letters of administration, believing Dad to have died intestate? Did they contact local firms of solicitors to check if Dad had been a client, and if they did why did this will not surface at the time? Whether they did or not, how has the will come to light now?

And worth asking the probate office for advice.

jackyann

Mojisola wrote: »

Executors can be left a legacy in the will.

It's a lot of work to expect someone to do for free!

Thanks, I didn't realise that I was unclear. I meant that in the capacity of executor one can only charge reasonable expenses, not that one can't also be a beneficiary.

nukes

Sounds a little bit that there is a question regarding our attempt to find the will. The address of the previous solicitor was visited by my brother who said there was no such business there at the time, they had ceased trading. We then were stuck with what to do, we had no idea there was an executor and believed my brother the eldest would be such. The will was dispersed to him and myself. As the months past it was bugging me that there was a will but we had no idea where it was. Some research on the web gave me link to a solicitor who took over the papers etc of the defunct solicitors. Current solicitor contacted who said we could not access the will unless the executor does so first. Executor has died. I hope this clears up the 'puzzlement'. Hence my questions regarding the reading of the will - if others are named in the will apart from me and my brother, do they have a legal right to any possible stipulation from the will, for wont of repetition the will has been dispersed between my brother and myself.

dzug1

nukes wrote: »

the will has been dispersed between my brother and myself.

What WILL are you talking about here? Does it predate or postdate the will the solicitor has?


Or do you mean the ESTATE has been divided up between you brother and yourself? Did you obtain Probate or Letters of Administration from the Probate Office or did you just do it?


I don't see why the solicitor would not release the will to you on proof that the executor has died - unless the will in fact leaves nothing to you, in which case it would be released to a beneficiary or representative.


Whilst you may have acted in good faith you seem to have gotten yourselves into a pickle

nukes

Sorry, I did mean the estate, as stated the will is with the solicitor.

nom_de_plume

Some debate on the subject here

As for getting a copy of the will (or indeed the signed original) I suggest you speak to the solicitor again fully explaining the situation regarding the original executor and ask EXACTLY what they require you to produce to enable them to release the will.

You can obtain copies of the grant of probate / letter of administration and any death / birth certificates you need fairly simply.

madbadrob

jackyann wrote: »

Executors are only supposed to charge "reasonable expenses" when executing the will; so this sum should not have been given to her in her capacity as executor.
If it was given as a free gift - nothing to be done (and it sounds, whatever your dad may have intended, it was, in legal terms, simply a gift)
Some wills do make mention of gifts going to "hotch pot" to even up distribution, but unless specifically mentioned & recorded, no account can be taken of it.

Actually only professionals can charge anything against an estate. Non professionals can only charge for out of pocket expenses

Rob