Concerns over brother as an executor of dad's will

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  • Skiddaw1
    Skiddaw1 Posts: 2,019 Forumite
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    In view of the tensions between you (and the potential for things to get increasingly tense after your parents have died) might it be best if your parents chose an impartial third party as executor? A family friend perhaps or a solicitor?
  • Keep_pedalling
    Keep_pedalling Posts: 16,628 Forumite
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    xylophone wrote: »

    Apologies, senior moment I forgot about mutual wills, probably because I would not touch one with a very long barge pole.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    W1nifred wrote: »
    Given my parents ages, (mum is in her late eighties), I think they're more likely to want a joint will

    They are very rarely made now. Many solicitors won't do them.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    W1nifred wrote: »
    I fell out with my older brother over a year ago, after he asked us all (his siblings) why we kept bothering to help our parents when they were adamant they didn't want to move house. This was mainly to do with our valiant (but ultimately 'in vain') efforts to persuade them to move into a bungalow,
    Your parents didn't want to move which your brother respected. Why assume he would fail to respect their will? You consider your actions valiant but he has isolated himself by supporting his parents wishes against other family members. Isn't that valiant?
  • SevenOfNine
    SevenOfNine Posts: 2,357 Forumite
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    edited 7 December 2019 at 11:44PM
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    Your parents didn't want to move which your brother respected. Why assume he would fail to respect their will? You consider your actions valiant but he has isolated himself by supporting his parents wishes against other family members. Isn't that valiant?

    No it isn't. Not when he hasn't involved himself in their day to day care. Run around taking them to appointments or getting their shopping etc. Have you ever tried to manage getting frail, elderly parents from A to B, I think not because it's incredibly stressful.

    Cleaning, gardening, washing, ironing, even cooking, the list of assistance that can be required is LONG, so NO, it's not valiant to be the only one who sides with their refusal to move & the only one who's help with their everyday care is zero.

    Somehow I don't think this brother is going to be the one who provides the care when one of the parents falls down the stairs!

    .......goodness Brynsam, a stalker or what!!!!!!

    OP, don't let the brother have control.
    Seen it all, done it all, can't remember most of it.
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
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    OP, don't let the brother have control.
    He's not asking for control, just to be involved.
    "My mother initially wanted myself and my sister to fulfil their wishes re: the will. My brother himself is indicating it would be better to have family members only as executors, whilst also putting himself forward as one."
  • W1nifred
    W1nifred Posts: 17 Forumite
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    Your parents didn't want to move which your brother respected. Why assume he would fail to respect their will? You consider your actions valiant but he has isolated himself by supporting his parents wishes against other family members. Isn't that valiant?
    We ALL respected our parents wishes to stay in their home, as it was our family home that they have lived in for nearly 50 years now. However, because it has 2 levels and my mum's mobility is poor i.e. going up and down stairs - and because my dad's cancer was likely to get worse over time, we started looking at bungalows about 2 years ago and tried to persuade them to move (my older brother included) to make things easier as time went on.

    Ultimately, my parents did not like the bungalows we supported them with visiting/viewing, and we respected their wishes to stay in their home. However, my older brother said to us at the time that he didn't understand why we put all the effort in to support them if they weren't going to be listening to us i.e. "I don't know why you bother helping them - just leave them to it" (i.e. stop helping them, or words to that effect).

    Easier said than done, when at the time it was essentially my older brother who did more or less nothing to support our parents - whilst the rest of us were putting in a lot of time and effort to support my parents in their home; (and still are). I lost my temper and shouted at my brother to say, "we can't just bury our heads in the sand and do nothing!"
  • paddy's_mum
    paddy's_mum Posts: 3,977 Forumite
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    Almost all of this is irrelevant when surely the ONLY fact that actually matters is that chosen executors must be able and likely to work together peaceably.

    All else is just by the by. Why cook up a conflict situation when your parents can avoid it by appointing executors who have a proven track record of harmony and cooperation?

    Good luck.
  • W1nifred
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    Brynsam wrote: »
    You've already posted this elsewhere: [SNIP]

    How many answers do you need? You brother seems admirably qualified to carry out the role, whereas I suspect you will be anxiously clucking around here, mumsnet and anywhere else asking for advice at every turn. Use the best person for the job: a professional who knows what he's about. You really don't need to jump through all these hoops, particularly at a time (which must come) when you will be grieving.
    I have posted elsewhere because my dad is now at 'end of life' and we don't have much time to get this right. Plus, (as sad as I am to say it), I don't necessarily trust the motives of my older brother - given his level of apparent disinterest in the past. Therefore, I have no qualms in posting this thread up in 2 separate forums as a) I didn't know if I'd get enough suggestions/advice by posting in one forum b) it's better to get as much varied advice as possible as my dad may well lose capacity soon due to the nature of his health problems.

    From the advice given so far - just because my brother is an accountant doesn't mean to say he's "admirably qualified", as you don't necessarily need to have those accountancy skills to carry out the role of an executor. What you do need though is to have a family dynamic where, if there is already a lack of trust between siblings and it's likely to lead to future problems re: the will, you need executors in the family who will be able to work together.
  • W1nifred
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    No it isn't. Not when he hasn't involved himself in their day to day care. Run around taking them to appointments or getting their shopping etc. Have you ever tried to manage getting frail, elderly parents from A to B, I think not because it's incredibly stressful.

    Cleaning, gardening, washing, ironing, even cooking, the list of assistance that can be required is LONG, so NO, it's not valiant to be the only one who sides with their refusal to move & the only one who's help with their everyday care is zero.

    Somehow I don't think this brother is going to be the one who provides the care when one of the parents falls down the stairs!

    .......goodness Brynsam, a stalker or what!!!!!!

    OP, don't let the brother have control.
    Finally, somebody who understands. Of course, I can't let my personal animosity towards my older brother cloud my judgement re: his motivation for wanting to support with the will etc., but I can't help but be cautious given he's done very little for my parents over the years - even something as little as calling them on the phone every now and then, which he seems incapable of doing for some reason!

    Thank you for your understanding and supportive words SevenOfNine!
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