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    • bluecliocar
    • By bluecliocar 4th Mar 18, 11:58 AM
    • 16Posts
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    bluecliocar
    Executor of will or not!
    • #1
    • 4th Mar 18, 11:58 AM
    Executor of will or not! 4th Mar 18 at 11:58 AM
    Hi there, Please could anyone help. My partner first told me I wasn't an executor of his will because I had a financial interest, then he told me he couldn't remember if I was, then he said I was an executor, Including two other (men) people I have not meet. We have been partners for 16 years.
    My question is how do I know for definite if I am an excecutor or not. Do I have to sign anything to say I will be an executor. Should I ask to meet the other people. He says its not important and he want let me see his will as he says I don't need to, I should trust him. I am not bothered what he has written in his will that is his right but I need to know for definite if I am an executor or not, thanks
Page 2
    • 5aday
    • By 5aday 5th Mar 18, 6:08 PM
    • 9 Posts
    • 5 Thanks
    5aday
    You could try to persuade your partner, that it was much better for a will to name a single executor, and that this be a beneficiary, such as yourself rather than a solicitor.

    Even if you ask a solicitor to do the work, at least you would be in a position to shop around, negotiate, and choose someone you want to work with.

    Perhaps the worst name to put on a will is that of a solicitor. You might therefore want to check that your partner has not done this. It tends to be done by "free" will writing services, and makes it difficult for yourself, other beneficiaries, or even other named executors, stopping the solicitors from administering the deceased's affairs in any way they want - and of course, charging the estate, whatever they want for doing it.

    Problems can also occur when two people are named as executors, and both want to accept the roll. This can mean a grab for the will, a race to the Probate Office, and a raid on your partner's papers, followed by an emptying of bank accounts etc.

    My wife has just gone through the experience of being the executor for her brother's will. She was very fortunate that her brother's (paid for) will writing service did not name themselves, and only one of the named executors wanted to do the very-personal and difficult work of clearing up someone else's affairs. However, we did read lots of scare stories, and are trying to make sure that we don't leave such problems to our heirs.
    • Keep pedalling
    • By Keep pedalling 5th Mar 18, 6:47 PM
    • 5,093 Posts
    • 5,673 Thanks
    Keep pedalling
    Thank you yes my partner has seen my will. Cos he won't show me how I have doubts that I am executive Igor. He produces the will to completely cut off his daughter from receiving anything from the will. He has not seen her since she was a child she's 35ish. I simply want to find out if he is lying.
    Originally posted by bluecliocar
    I think you already know he is.
    • Dox
    • By Dox 5th Mar 18, 7:59 PM
    • 658 Posts
    • 446 Thanks
    Dox
    Problems can also occur when two people are named as executors, and both want to accept the roll. This can mean a grab for the will, a race to the Probate Office, and a raid on your partner's papers, followed by an emptying of bank accounts etc.
    Originally posted by 5aday
    If more than one executor is named, they must all act together, unless one (or more) formally renounce their role. Banks etc will want to see the will and have documentary evidence of any change/reduction in the number of executors. As for emptying bank accounts - the will sets out who benefits and it isn't the first executor across the line! Executors are personally liable if they don't distribute assets lawfully and properly.

    Normally someone cannot claim payment for being an executor, unless they will states otherwise and/or they are a professional executor who has been appointed to act as such. Reasonable out of pocket expenses can be repaid, but the residual beneficiaries are entitled to know how the estate has been distributed.
    • Brynsam
    • By Brynsam 5th Mar 18, 8:05 PM
    • 1,141 Posts
    • 769 Thanks
    Brynsam
    You could try to persuade your partner, that it was much better for a will to name a single executor, and that this be a beneficiary, such as yourself rather than a solicitor.
    Originally posted by 5aday
    A single executor can be a huge issue if they die before the estate has been completely wound up. Far better to have two or more executors, provided they get on with each other - a couple of warring personal representatives can be both tedious and expensive.
    • Tealblue
    • By Tealblue 5th Mar 18, 11:07 PM
    • 742 Posts
    • 1,079 Thanks
    Tealblue
    You could try to persuade your partner, that it was much better for a will to name a single executor, and that this be a beneficiary, such as yourself rather than a solicitor.

    Problems can also occur when two people are named as executors, and both want to accept the roll. This can mean a grab for the will, a race to the Probate Office, and a raid on your partner's papers, followed by an emptying of bank accounts etc.
    Originally posted by 5aday
    Wrong on so many counts. See http://www.huttons-solicitors.co.uk/who-should-be-my-executors for some helpful and well informed guidance.
    • badmemory
    • By badmemory 6th Mar 18, 1:02 AM
    • 1,709 Posts
    • 2,303 Thanks
    badmemory
    The above executor scare stories are irrelevant. The OPs biggest problem is the likelyhood of even appearing in the will at all.
    • bluecliocar
    • By bluecliocar 6th Mar 18, 8:37 AM
    • 16 Posts
    • 0 Thanks
    bluecliocar
    Hi thank you for your reply. I do not know what is in his will only what he tells me. In conversation I do know that he is verdantly against organ donation and he has mentioned been buried in woodland in Yorkshire. But without seeing his will I do not know if this in it it. He says i should have total trust in him and I do not need to see the will. I think it may be a form of control. He has seen my will which he is a beneficiary . thanks
    • bluecliocar
    • By bluecliocar 6th Mar 18, 8:41 AM
    • 16 Posts
    • 0 Thanks
    bluecliocar
    Thank you so much, we are not married, he defo has written a will. I think I am in it but to what extent I not sure even though he has told me what he is leaving me. thanks.
    • Malthusian
    • By Malthusian 6th Mar 18, 9:37 AM
    • 4,244 Posts
    • 6,684 Thanks
    Malthusian
    I think it may be a form of control.
    Originally posted by bluecliocar
    You are correct.

    Until you have reason to believe otherwise you need to assume you will get nothing.

    Wrong. It is open to surviving co-habitees to bring an inheritance claim under the the Inheritance (Provision for Family and Dependants) Act 1975.
    Originally posted by Brynsam
    If they have the wherewithal and the financial means to hire a solicitor specialising in such cases, the cost of which is likely to be in five figures, or can find one who will act on a no-win no-fee basis.

    Meanwhile if the OP's partner has left their money to a charity, the OP will have the best lawyers that other people's money can buy ranged against them.

    I am not saying they will lose any case, I am saying that having a claim is very different from having the money. The OP wants to know whether in the event of their partner's death they will be able to stay in their house and whether they will still have enough money to live on (even though that wasn't the question they asked, I am making an assumption that it is the question they want to ask); if it requires a lengthy, expensive and difficult court case to get that, then the answer in the short term is "no".

    Whether they are executor or not is not important. If they are not it's someone else's problem and if they are they can delegate it to a solicitor.
    Last edited by Malthusian; 06-03-2018 at 9:45 AM.
    • AnotherJoe
    • By AnotherJoe 6th Mar 18, 10:14 AM
    • 9,604 Posts
    • 10,678 Thanks
    AnotherJoe
    The OP wants to know whether in the event of their partner's death they will be able to stay in their house and whether they will still have enough money to live on (even though that wasn't the question they asked, I am making an assumption that it is the question they want to ask);
    Originally posted by Malthusian
    They specifically said they dont care

    I am not bothered what he has written in his will
    • Brynsam
    • By Brynsam 6th Mar 18, 9:04 PM
    • 1,141 Posts
    • 769 Thanks
    Brynsam
    If they have the wherewithal and the financial means to hire a solicitor specialising in such cases, the cost of which is likely to be in five figures, or can find one who will act on a no-win no-fee basis.

    Meanwhile if the OP's partner has left their money to a charity, the OP will have the best lawyers that other people's money can buy ranged against them.
    Originally posted by Malthusian
    The days of Jarndyce and Jarndyce are long gone! Small charities don't have the money to enter into a battle and larger ones generally have more sense and will try to come to a sensible arrangement.
    • badmemory
    • By badmemory 7th Mar 18, 8:01 AM
    • 1,709 Posts
    • 2,303 Thanks
    badmemory
    As the OP doesn't seem to know the executors or the contents of the will the partner may well find himself cremated before his wishes are actually (as in writing) known!
    • 5aday
    • By 5aday 7th Mar 18, 3:43 PM
    • 9 Posts
    • 5 Thanks
    5aday
    A single executor can be a huge issue .
    Originally posted by Brynsam
    In the hope that it helps the OP talk to her partner, about his will, in addition to the suggestion above and elsewhere in this thread, it is possible to specify a single executor, but to go on an specify an "alternative executor" in case the first named executor is not able, or willing to take up the roll.

    Other things which it occurs to me that the OP may wish to discuss include...

    1) Giving each beneficiary an advance copy of the will.

    2) Leaving the residual chattels to one beneficiary.

    3) Ensuring that the executor has the (only?) key to the property.

    4) Ensuring that there is an up to date list of assets to be secured.

    5) Any possible IHT problems.

    6) Whether perhaps an IFA would be beneficial to both of their life-aims.
    • Brynsam
    • By Brynsam 7th Mar 18, 3:58 PM
    • 1,141 Posts
    • 769 Thanks
    Brynsam
    In the hope that it helps the OP talk to her partner, about his will, in addition to the suggestion above and elsewhere in this thread, it is possible to specify a single executor, but to go on an specify an "alternative executor" in case the first named executor is not able, or willing to take up the roll.

    Other things which it occurs to me that the OP may wish to discuss include...

    1) Giving each beneficiary an advance copy of the will.

    2) Leaving the residual chattels to one beneficiary.

    3) Ensuring that the executor has the (only?) key to the property.

    4) Ensuring that there is an up to date list of assets to be secured.

    5) Any possible IHT problems.

    6) Whether perhaps an IFA would be beneficial to both of their life-aims.
    Originally posted by 5aday
    None of the above is going to happen. This has never been a question about executorship - it's been a sad plea for reassurance that somehow this 'partnership' is one in which the other party can be trusted.
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