|
wye_buttons
Call
the WillYouEver Legal Help line 09069060165 |
|
Executors |
|
My brother has just passed away, and I am informed that I am the executor of his will. Can you provide me with a step by step instruction please.
Have a look at The Executor's Role which will give you more idea of what is involved.
Answered by:Mark Keenan, Editor
|
| |
|
Can and executor of a will also be a beneficiary?
Yes they can but witnesses may not be beneficiaries.
Answered by:Mark Keenan, Editor
|
| |
|
There has been a recent death in the family now a widow is left behind, and for some reason an inlaw of the family is insisting that he should become an executive for the widow that is left behind for when she would pass away and not a solicitor? Can you please enlighten me on why pehaps he would wish to do this? and so urgently after the first death.
It is up to the widow to choose who she would like to be her Executor. The inlaw cannot insist on being appointed.
Sometimes if there are suspicions being aroused it is useful to appoint a third part such as a solicitor!
Answered by:Mark Keenan, Editor
|
| |
|
Can the Executor of a will be a part or even sole beneficiary??
Yes, but they must not be a witness to the will.
Answered by:Mark Keenan, Editor
|
| |
|
My grandfather died back in May this year, his will stated that his estate should be split three ways. It also said that there were two executors to the will. However one (who also happens to be a beneficiary)will not let the other get involved. The problem is that the other beneficiaries are not being informed as to what is going on. I know that probate was granted about a month ago How long does the process usually take once probate has been granted. Also do beneficiaries have a legal right to view both the will and the financial situation of the estate.
The other executor will have to be involved as his or her signature will be required to release funds etc.
It is difficult to estimate the length of time estates take to be wound up as it depends on the size and complexity. On average I would say 6-12 months.
The grant with the will annexed are public documents and can be obtained from any District Probate Registry on payment of a fee of £5.00.
The Residuary Beneficiaries will be required to approve the final estate accounts.
Answered by:Mark Keenan, Editor
|
| |
|
My father died this year and had left a will . He had stated that myself and his girlfriend should be executors. He had then divided the estate into equal amounts for myself, my brothers, his sister and his girlfriend. He and his girlfriend had only been together for about a year, after my mother died. Up until recently, the whole process has gone smoothly. However, the other executor has fallen out with myself and is sayng that she will go to court to have me removed as executor and even try to remove me altogether. My questions are: Can she do this? and is it possible for me to contest the will and have her removed as executor/beneificiary.
There would appear to be no grounds whatsoever for your fathers girlfriend to commence an action to have you removed.
To commence an action to remove the girlfriend as Executor and Beneficiary you will need to prove that the will is invalid, possibly that your Father did not have the mental capacity or you believe that there was undue influence. The court may question why this was not raised before an application for probate was requested.
In the circumstances I would suggest that a solicitor is instructed by you both to administer the Estate in accordance with your Fathers wishes. The Solicitor will then contact you both to sign forms etc. this will hopefully diffuse the situation.
Answered by:Mark Keenan, Editor
|
| |
|
My mother in law died nearly a year ago and left a will. The executor of the will handed over what was ours to my husbands brother. We have have been asking for the items for a year with no luck. He said that he is unable to find them. Could you please tell us where we stand.
The Executor owes a duty to your husband as a beneficiary. The items should have been forwarded or passed direct to your husband and a receipt obtained. If the items are valuable I suggest legal advice is obtained and a letter before action written to the Executor which will hopefully prompt some action by the Executor and your brother in law.
Answered by:Mark Keenan, Editor
|
|
