Exector availability.

no1catman wrote: »

With just first & second executors - what happens when the first is unavailable by sudden ill health, and the second is unable to travel the 150+ miles due to more long standing health issues, and even the thought of it is likely to send her BP soaring up!!


Would it be down to solicitors, or for example wife of first choice?

The executors can agree to hand the job to a solicitor.

AnotherJoe wrote: »

Travel where ?

Where does the executor have to travel 150 miles to? If it is to see the other executor then that isn't really necessary. executor (1) can can reserve rights and then executor (2) can act, perhaps with a local solicitor if the feel they need the help.

PS this is assuming they don't have probate yet

Yorkshireman99 wrote: »

I think the OP expects that at least one executor would be likely to have to visit to sort out all the paperwork and arrange for any assets to be secured. In any case, if the executor has any concernes they should resign and let a solicitor do the job. An unwilling executor should never choose to act.

Good point - it can be a problem these days where children are appointed as executors but when the parent dies in their 90s , the children have their own problems about getting the matters sorted. yes can be quite a lot of early stuff eg paperwork to sort through

Keep_pedalling wrote: »

Sounds like a poor choice of executors.where possible at least one execector should be from a later generation to the testator.

They might be.


eg

Flugelhorn wrote: »

Good point - it can be a problem these days where children are appointed as executors but when the parent dies in their 90s , the children have their own problems about getting the matters sorted. yes can be quite a lot of early stuff eg paperwork to sort through

A friend of mine died suddenly in an accident, not long after getting divorced. She hadn't updated her will post divorce, although I know she was planning to but never got round to it before she died. The executors of her existing will were ex-husband (unable to act as executor as divorce revokes the appointment) and a friend when the will was made, several years previously. The friend now lived in New Zealand. There were two children but both under 18 at the time. In the circumstances the family got a firm of solicitors to do all the legwork in dealing with the estate, with documents that needed the executor's signature posted abroad for signing and then posted back.

I believe it's quite common to get a firm of solicitors to do the estate administration if an executor is unwilling or unable to act, they obviously would charge but is one solution to the issue.

When my father died, I did all the estate admin with my mother's knowledge and permission, but she signed the oath for probate based on the information I'd provided (and it was a very simple estate). Even then she was the one that had to go into the banks etc, once I'd established what information the banks needed. You don't have to use a firm of solicitors to do the admin if there is someone else capable and willing of doing it, with the executor maybe just applying for probate; the difficulty would be in getting financial institutions etc to deal with someone else if they weren't a firm of solicitors or an appointed executor. They may be unwilling to deal with someone 'just helping out'.