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Post by overthehill on Dec 12, 2022 18:44:19 GMT
Any legal eagles out there ?
Only the husband predeceased his wife's death, not the solicitor. Who is the executor in this will , the solicitor or the daughter ? The solicitor has stated it is him, I disagree.
" I nominate and appoint as my executors my husband the said John Smith and Harvey Specter solicitor, or, in the event of EITHER OR BOTH OF THEM predeceasing me , my daughter."
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adrianc
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Post by adrianc on Dec 12, 2022 18:52:29 GMT
Any legal eagles out there ?
Only the husband predeceased his wife's death, not the solicitor. Who is the executor in this will , the solicitor or the daughter ? The solicitor has stated it is him, I disagree.
" I nominate and appoint as my executors my husband the said John Smith and Harvey Specter solicitor, or, in the event of EITHER OR BOTH OF THEM predeceasing me , my daughter."
It's badly worded. There's an argument that the intent was clearly joint executors between a close relative and the solicitor, and all that's changed is which relative it should be. Is the solicitor actually required as an executor? If not, they should be prepared to renounce the role, unless there's a valid reason the estate will require extensive legal advice. www.theprobatedepartment.co.uk/must-a-solicitor-resign-as-executor-if-asked/communities.lawsociety.org.uk/august-2021/giving-it-up/6001952.article (from the legal angle)
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registerme
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Post by registerme on Dec 12, 2022 21:50:38 GMT
Not a lawyer!
Agreed, it's poorly worded. But it's clear that the intent is to have a family member and the solicitor as executors.
Given that the word executors (plural) is used you can't really interpret it as "the daughter becomes the sole executor in the event that either my husband or my solicitor die".
Commas, and, or, either, neither, gotta love the English language!
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adrianc
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Post by adrianc on Dec 12, 2022 21:57:28 GMT
Nor I. Indeed. But nobody can be forced to be an executor. Any named executor can choose to renounce themselves from the job. Back in the day, solicitors often stuck 'emselves in there as a nice little future revenue stream. That became... unpopular... with the public, so general best practice these days is that paid professionals do not need to be executors for straightforward wills, and any solicitor that tries to argue with a familial request to renounce themselves is going to have to come up with a Jolly Good Reason if asked to justify that decision, especially if the fees are likely to be a decent swathe of the estate... "But Mrs Miggins agreed..." is not deemed good enough.
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keitha
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Post by keitha on Dec 13, 2022 10:15:48 GMT
The free wills written "by" charities can be a nightmare, One case I know of the Charity wrote themselves in as first beneficiary, and as the recipient of the residual.
When my MIL died my FIL received a letter from the charity within 10 days of her death asking "when can we expect to receive the bequest"
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archie
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Post by archie on Dec 13, 2022 10:25:20 GMT
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Mike
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Post by Mike on Dec 13, 2022 13:35:53 GMT
A free option that doesn't involve subscribing to a costly recurring membership fee would be r/LegalAdviceUK - usually good advice IMV (and sometimes just worth a read if you're bored and interested in that stuff)
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Post by overthehill on Dec 13, 2022 17:57:48 GMT
Thanks for the replies. Another senior legal person has confirmed the executors are the solicitor and the daughter. I've no idea what the solicitor is thinking but she will be duly corrected next week, I'm not directly involved in the estate or probate.
From what I've read, an executor cannot be replaced even through the courts but an executor can renounce voluntarily. Should be an interesting 6-18 months.
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mogish
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Post by mogish on Dec 13, 2022 21:42:37 GMT
Is it possible to get a copy of a will after death of a relative?
Note... sister in law doesnt communicate.
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ozboy
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Post by ozboy on Dec 13, 2022 22:12:44 GMT
The free wills written "by" charities can be a nightmare, One case I know of the Charity wrote themselves in as first beneficiary, and as the recipient of the residual.When my MIL died my FIL received a letter from the charity within 10 days of her death asking "when can we expect to receive the bequest" "... ........ the Charity wrote themselves in as first beneficiary, and as the recipient of the residual." Don't people read their own will before signing?! I have used the "Charity Will" scheme for the second time recently and have been V pleased, particularly as it has cost me nowt. 
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adrianc
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Post by adrianc on Dec 14, 2022 9:08:03 GMT
The free wills written "by" charities can be a nightmare, One case I know of the Charity wrote themselves in as first beneficiary, and as the recipient of the residual.When my MIL died my FIL received a letter from the charity within 10 days of her death asking "when can we expect to receive the bequest" "... ........ the Charity wrote themselves in as first beneficiary, and as the recipient of the residual." Don't people read their own will before signing?! I have used the "Charity Will" scheme for the second time recently and have been V pleased, particularly as it has cost me nowt. Any will that involves a percentage to any competent beneficiary is going to be trouble, because that beneficiary is going to want to make sure their share really IS what they're entitled to, and that the executors are not playing fast-and-loose to try to take assets outside the documented estate. The family may think they're "only getting what's theirs by right, innit", but others may view it as defrauding the beneficiary (whether charity or whatever) against the deceased's wishes. Asking when the disbursal is likely to happen is only fair. They don't know whether the estate includes property or other assets that'll take time, or whether it's a simple "here's the bank balance, that's all." A competent executor should be able to answer them instantly.
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Post by overthehill on Dec 14, 2022 10:24:21 GMT
Is it possible to get a copy of a will after death of a relative? Note... sister in law doesnt communicate. "When someone dies, it's necessary to find out whether a Grant of Probate is needed to administer their Estate. This will determine whether or not a Will becomes public after death."
I think estates over 35k or around require grant of probate (grant of confirmation in scotland)
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Post by mostlywrong on Dec 14, 2022 10:56:17 GMT
Is it possible to get a copy of a will after death of a relative? Note... sister in law doesnt communicate. "When someone dies, it's necessary to find out whether a Grant of Probate is needed to administer their Estate. This will determine whether or not a Will becomes public after death."
I think estates over 35k or around require grant of probate (grant of confirmation in scotland)
One has to be careful here because the rules for estates in England & Wales are not the same as those in Scotland and N Ireland. And HMRC does not make it easy for you to identify that process. Trust me on that one...
In my opinion, it is NOT necessary to apply for probate in England & Wales if you can settle the estate on production of the signed will and the proof that you are the executor.
This is to allow small estates to be administered without prolonging the agony!
The will must be valid (2 witness signatures), the executor must be clearly defined and the estate must be small.
Most banks will release funds under a certain amount to the executor on production of the will and your passport details. Identify the assets, collect in the assets, settle the debts, distribute the assets. Document everything and keep the documentation for >7 years. Job sorted. Famous last words.
Where it goes wrong is that Bank A will not release the dosh without probate or when property is involved.
In theory, it might be possible to administer a sizeable estate without probate if the stiff rented his property and spread his money around lots of small accounts. Lots of work but no probate required!
As regards the will, obviously, in the case that I have outlined above, the will is not public.
Once probate is granted, the will becomes public and a copy can be purchased:
But that does not tell you how or when the estate was distributed; only the executors and the beneficiaries can tell you that.
MW
Edited 'coz I is stoopid...
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mogish
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Post by mogish on Dec 14, 2022 12:45:24 GMT
Estate in question exceeded 35k.
So (in Scotland) I cant get any more info other than my brothers executor was his wife and I cant get any more info on other potential beneficiaries?
Sorry to steal the thread.
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Post by overthehill on Dec 14, 2022 13:32:44 GMT
Estate in question exceeded 35k. So (in Scotland) I cant get any more info other than my brothers executor was his wife and I cant get any more info on other potential beneficiaries? Sorry to steal the thread.
In that case the executor needs a grant of confirmation to deal with the estate making the will publicly viewable.
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