What Does Being an Executor of a Will Entail?

Author: Josh Hall

One of the most fundamental elements of any will is the naming of the executor or executors. These should be trusted individuals who have been consulted prior to their nomination. Crucially, they must be prepared to do some practical work with regard to the settling of the deceased individual's estate.

Responsibilities

In the terms of the law, the executor is required to 'collect, get in, and administer according to law the estate of the deceased'. In more specific terms, it is their duty to execute the wishes of the deceased. In this way, their first responsibility will be to settle any outstanding debts which are owed by the estate, and to assess any such claims made by banks or other financial institutions.

Following this they will be required to arrange for payment of any inheritance tax which may be owed by the estate and, of course, to carry out the disbursement of the remaining assets to the named beneficiaries. Finally, it will also fall to the executor to investigate the possibility of any further heirs.

It is possible for a solicitor or professional executor to be named in a will. However if, as is generally the case, a family member or friend has been nominated, they may choose to enlist the help of such a third party to aid them in their work. In these cases, the named executor has a substantial amount of choice as to how much of the work he or she carries out; a solicitor could be employed to carry out almost all of the work or, alternatively, only a small proportion of it. The executor's decision as to whether or not to enlist such help will of course be affected by the complexities of the affairs in question; in many cases, their duties will be no more than the disbursement of the contents of a bank account.

Do I Need a Will? Checker

Answer a few questions to find out whether you need a will and what type.

Try our Do I Need a Will? Checker free, here on this site →

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Minimum Commitment

Whether or not help from a third party is arranged, the named executor will be expected to carry out at least some of the work. Most frequently this entails performing the initial tasks associated with locating and valuing the deceased individual's assets. Again, depending on the size and complexity of the estate, this can be a very simple or a very complex task. Similarly, it is often expected that the executor will make the appropriate funeral arrangements, in line with the directions given in the will.

At a very minimum, the executor should assume that they will be required to lend their signature to a variety of documents.

In the first instance, and before any other action is taken, the executor must receive legal ratification of his or her right to take control of the assets in the estate. This requires them to apply for a Grant of Probate from the Probate Registry, which it will be necessary to produce before any bank or other relevant institution will hand over control of assets.

Although executorships can be a significant amount of work, it should be noted that the individuals in question are legally entitled to be reimbursed their expenses from the estate. The task should not, therefore, be to their financial detriment.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Do I Need a Will? Checker lets you answer a few questions to find out whether you need a will and what type. Try it now →

168 questions

Ask The Will Expert a Question

Stressedout 06/01/2018 at 4:47 pm

My grandfather died last year and left a will in which he had me as sole beneficiary and executor of his estate. I have gop etc. I inherited his house and a bit of cash. Not a great deal. For a year I have been paying bills on the house and generally burying my head in the sand.
I have reached a point where it isn't viable and I am struggling financially so I have placed the house on the market.
My brother has decided ( now over a year on) to speak to a solicitor about contesting the fact nothing was left to him. I also have two half sisters who live elsewhere. My mother left my brother and I with our dad and moved away. She died a few years ago and my grandad originally left everything to her in the original or preceding will. On her death she changed it and left everything to me. The will was made at a solicitors and witnessed there. He was as fit as a fiddle at the time of writing the will.
My brother now says he can take me to court for the proceeds of the house sale which will be the only remainder of the estate. I don't know what to do. Is this even possible if he had clear intentions when he made out his will?
Probate was granted over a year ago. I have struggled for a year. Can he do this?
I am being threatened by him he will get solicitors involved.
The will was none specific in that it says everything to me. No one else ( not any of the three other grandchildren effectively mentioned at all) does he or they have any say?
My two sisters were provided for by my mother's will but my fully biological brother is the one threatening me with this. I don't know whether to tell him to do it and contest it or effectively give in to bullying and the threat of it.

TheWillExpert Editor 04/10/2017 at 2:55 pm

Can you not employ a solicitor of your own? They will be able to find out whether there was a Will and to contact the legal professional that help to execute it.

kevino 04/10/2017 at 6:33 am

hi my dad died in aug 2017 .my step mum of 5 yrs has collected dads will from a solicitor his solicitor wont give me any info .we know we are in his will she wont speak to us anymore ,her friend has helped her empty his accounts just before he died and after with 10 death certificates advised dad to move £25000 to another account as interest in the bank was low 2 years ago .I asked him where it went his sarcastic reply was I only advise them .my stepmum did this to her only daughter 20 yrs ago and they havent spoke since.we don't know where to go tried every where .her friend was heard a few weeks ago on loud speaker saying ive drew you £1500 out for her holiday suspect they have a new bank account some where he never denied any of this .need help please

TheWillExpert Editor 03/10/2017 at 10:15 am

The executor is repsonsible for getting the estate valued, assessing any liability for Inheritance Tax (IHT), paying off any debts owed (with the money from the estate) and generally carrying out the wishes of the deceased distributing gift/bequests made by in the Will etc. You are not personally liable for any debt as an executor.

Teg 30/09/2017 at 12:57 pm

My friend of a considerable amount of years has asked me to be an executive of his will , what does this entail . will it cost me anything and how am.I protected if they occur debt

Suzie sue 13/09/2017 at 8:36 pm

Hi, my Dad died in 2002 and his mum wrote her will when she was not well in 2006. She was at the start of dementia. She died in 2010.
My Nan's daughter and her daughter's husband were with her when she wrote her will.
All of my Nan's kids were beneficiaries of a certain amount each and the will states if they die before my Nan's then their inheritance goes straight to their kids.
My Dad was already dead when this will was wrote and I was not put in the will yet the others are if their parents die which since the will was written 2 of my Nan's children died and there inheritance went to my cousin's, my Nan's grandkids.
I have a copy of the will and just want to know is there anything I can do?
Its not fair. I feel hurt and I feel like they used my dad's death as an excuse to keep more money for themselves.

TheWillExpert Editor 13/09/2017 at 1:47 pm

If you're both executors, you will both need to be able to enter the property in order to carry out the terms of your mother's Will. While she's still alive, and the property doesn't belong to you, we guess your brother can do as he likes.

Looby1lou 11/09/2017 at 9:19 pm

My mother is in hospital with a terminal illness. When my mother passes away me and my brother are both executors of the estate. My brother lives with my mum and he has changed the locks of mums house, whuch she owns, to prevent me entering. Can he do this?

TheWillExpert Editor 14/08/2017 at 2:23 pm

See responses for similar question below.

Sean 12/08/2017 at 1:32 am

I got contacted by an geneolgist and heir hunters they told me my uncle died 12 years ago i told a relative and they went straight to the government and made the claim the relative has just gave me £700 with no paperwork etc ? How can I find out if this is the amount that I entitled to? Is this the correct procedure the relative should follow? Please advise

TheWillExpert Editor 08/08/2017 at 10:07 am

Have you asked your brother? Or could you contact the Bona Vacantia department yourself - bvinfo@governmentlegal.gov.uk

Debb5 05/08/2017 at 2:17 am

My uncle died 12years ago I was contacted by heir hunters I told my brother and he took control and went straight to bona vacatia he has just put £800 in my account he said that's my share? I have seen no break down of accounts no evidence etc is this correct?

TheWillExpert Editor 30/06/2017 at 2:10 pm

Taking legal action is the only way to resolve this if you cannot reason with your sibling.

Andy 30/06/2017 at 7:36 am

My father has past and the content of the estate was to be split between the siblings equaly. But one sibling has completely stripped the estate of all content. Is there any thing I can do about this

TheWillExpert Editor 19/06/2017 at 2:21 pm

Probably not, maybe they assumed it would be easier if they were the executors or maybe they just used the same instructions as they appeared in the original joint Will? It might be easier if you discuss this with them. We don't think you can simply dismiss "named executors" - seek a second opinion from another legal professional.

Jimbo 06/06/2017 at 7:43 pm

My Mam was named executor of my step Dads will however she passed away first but my Mam named me has the executor of her Will. her will says that everything goes to her children, his will said that his children get £3000 each everything else goes to Mam,, if he didnt change is will between Mam passing n him passing who becomes executor, his oldest or executor named in Mam will. ME ?
thanks

JueDrop 30/05/2017 at 2:39 pm

My dad passed away 3 years ago and left no will I have been to a solicitor we have been through probate and my solocator name me the executor but there is also one other person a second party she's not an executor just needed a second party for probate do I have the final say on the sale of the house

TheWillExpert Editor 16/05/2017 at 2:28 pm

Sorry but we can't answer questions with such a lot of individual influencing factors involved. You'd really be better speaking to a solicitor.

Buddy 15/05/2017 at 3:38 pm

My father died in February 2015. My brother and I have been executors since the 1997 Will was made, when mum and dad severed the joint tenancy and, as tenants in common and became trustees, setting up a deed of trust for me, my sister and brother. On the death of our mother in 2004 my brother and I were also made trustees. We were informed by mum and dad,s solicitors that we now owned the property along with dad. The property has never been registered with land registry. The property is not part of the Estate, and we have an offer on it. Do we need a grant of probate to complete the sale? There is not enough value in the residual estate, although more than £8000in cash is unaccounted for, which I am somewhat worried!
As we are over 2 years from dad,s death we do now need to conclude matters in the interests of all beneficiaries

TheWillExpert Editor 05/05/2017 at 11:43 am

If you're the executor to the Will, then you should be involved in administering it although why it's still an issue after 5 is a bit of a worry. Seek advice from a solicitor.

modycar 04/05/2017 at 3:39 pm

my father died in 2012 a few weeks later my brother asked me to sign papers to sign house over to my mum which i did as he walked away he said your a named executor to his will at the time i thought nothing of it.over the last few years everything is cloak and dagger so i asked to see my dads will and now im being accused of trying to get her credit card details my brother has convinced her im only after her money he is her carerer and has convinced her that im up to no good.can someone help me on what i can do.

Lea 13/03/2017 at 8:01 am

The previous story is mine, everyone keeps telling us that we should challenge probate. Is it possible in any way to do this? We feel that my uncle should have his last wishes, why should they just walk away with everything when they & everyone else knew it is not what he wanted? I would be grateful for any offer of advice. Would we have to pay for a solicitor if this could be challenged? Thank you.

Lea 24/02/2017 at 9:24 pm

My sister, niece & I have taken care of my uncle first the past 15 years. I took care of all his paperwork when necessary & I organised my Aunts funeral when she passed away. My uncle was very wealthy & always said that we would be taken care of. We pleaded with him about making a will as he refused to have any contact with his surviving brother or nephews/niece's, he never did want contact with his side of the family, I don't know why. He told my sister that everything was in order & where to find his documents in the event of anything happening to him. A week ago he was taken into hospital critically I'll & signed a paper naming my sister as next of kin. He gave stricked instructions to the staff that there was to be no contact whatsoever with his family. He pleaded with us not to leave him so we stayed with him & slept beside his bed all week. Sadly he passed away in the early hours of Sunday morningwith us holding his hands. We were devastated. When we went to collect his documents we found he had written his last wishes on a piece of paper, leaving his estate to our family. Unfortunately, he did not sign the paper & there were no witness signatures, I was mortified. My sister has seen a solicitor but under the law my uncles family shall inherit the estate & we shall receive nothing. Again we are devastated on top of grieving, his family think the news is wonderful, my heart is broken. All I can say to you all is PLEASE MAKE A WILL, don't put your loved ones through what we are experiencing. We have no rights & certainly not the money to even try to fight the decision in court. Thanking you for listening & may I wish you all love & good health for the future.

Maggie 20/02/2017 at 7:50 pm

Me and my husband find yourselfs in a mess with my sister in laws will, she has dementia and my husband has court of protection and therefore could obtain a copy of her will, it came and to our horror she's not updated her will since 1991, and my husband's ex wife is an executive as well as my husband has they were married at the time, we have been together 22years and we both look after my sister in law and know she wouldn't have wanted this especially since they divorced and she would be horrified at the mistake she's made, she's in a nursing home and my husband's obviously upset has she's also left her jewelery too his ex wife. We are both stunned.

stef 27/01/2017 at 1:20 pm

hi can anyone help my sister is refusing to sign the oath there is no will been found we have been applying to probate with both my sisters and myself as executors but the solicitor has stated that two can move forward as executors we have endless trouble with my sister she refuses to sign an oath.And the solicitor has said myself and my other sister can go forward for probate without her ,but has said that she is still entitled to here equal share of the estate is this correct.

Angel 16/01/2017 at 6:57 pm

Our dad passed away august 2016 my step mom passed in 2011 her son bullied my dad n he gave him more than his share of will I'm an executor n my dad tried to get hold of his stepson to get him off will but was terminally ill very quickly now the solicitor I employed to help is trying to penny pinch it's been five month now n nothing n even tho the other executor had a big chunk now he is after half of wats left which isn't alot he's a police officer surely him threatening my dad n takin money is a fraudulent offence can anyone help me understand where this is right n solicitor making it all bout the step brother who is not blood related n all my dad's bank have said he's incompetent as did will people wat can I do now v

TheWillExpert Editor 16/01/2017 at 11:15 am

The person makes the Will usually names the executor(s). If no executors are named, family members are entitled to apply for a Grant of Probate to allow them to administer your estate.

strech 15/01/2017 at 4:18 am

I want to know if I would be in line for executor if my husband for reason got sick. I am his POA and we are legally married.

Helen 30/12/2016 at 8:47 pm

My sister died I understand there was a will. My daughter and our cousin was executors. My brother in law has not included them and said everything went to him. Should they have carried out their excecuters role before the estate went to my brother in law

Ditzy 29/12/2016 at 3:51 pm

Hi my mum has dementia and I have been caring for her full time for years. My brother has helped for the last few months but has decided he doesn't want to do it anymore and wants me to put her in a nursing home. I want to continue caring for her at home...I live next door but one to her. I am the executor of the will and my brother is named as receiving 30% on her death as he has been absent from our lives for the past 20 years. As I need to sleep at my mums I am never sleeping in my home now I am caring solely for her. I am considering selling both mine and my mums house and buying a bungalow, converting the garage into a bedroom and bathroom for my mum then at least I am sleeping in my own house at night. Will I need to get permission from my absent brother or can I just go ahead and sell without telling him as after my mums death the new house will be solely in my name therefore he won't be getting his 30%. I did say that putting my mum in a home would use all her money and that he would get nothing but he says he doesn't want a penny. I am determined to keep on caring for my mum at home but need to move to make life slightly easier.

Dinki 23/12/2016 at 8:33 pm

My daughter's father lived and died in Turkey. He is British but only has assets in Turkey. How can my daughter prove from the Uk that she is the only child? We have to apply for probate in a Turkish court with documentation from the Uk. I divorced him 10 years ago so I have no claim on the estate. She is the only beneficiary, he did not remarry.

Cookie2016 15/12/2016 at 8:14 pm

Sadly my father passed away in 1998 and left a Will - however I was told nothing was left too me and at the time I didn't question this, and to be frank why would you when it comes from people you trust! I now know I was left monies by my late Father 19 years ago. Can I bring legal proceedings against those who dishonest in their actions i.e the executor of the will since they failed to tell me? is this fraudulent?

Many thanks

Val 06/12/2016 at 4:53 pm

Good day,
My fiance passed away, and left entire estate to mee, I am also the executrix, I have a problem with the ex wife, she retired uses to sign the deed of salee in aid for the property to be sold, after she let my attorney know that she no longer wants to buy the property, it's will be 6 months of his passing on the 8th of December is year, please advise as to what I can do in this sitiarion.
Kind regards.
Val.

TracyP 28/11/2016 at 7:49 pm

My mother in law is at the end of life and is in a nursing home. My husband and brother in law are named executors. The problem is my sister in law has all the bank cards and info and we suspect she is accessing the little money that mum has. Can the executors request that she submits the cards for safe keeping so they know she's not using the money?

Linett 27/11/2016 at 9:27 am

Hi
I have power of ottourney for my dad ,also I am executor of his will.
Do I have to apply for probate cert before I can sell his house and share this between my sister and myself.There are no family disputes

Marg 26/11/2016 at 9:54 am

Can anyone help this situation. My partners mum has died 3 weeks ago. And the eldest one is a bully. My mother in law had told me that. The 2 eldest were executors of her will. Only my man has not even been told by his brother that he is. He wasn't invited to choose the coffin. Or anything to do with the funeral. He has made threats. And told my man that he needs a police escort when they go for the reading of the will which was yesterday. He never went, but found out later that he was/is an executor. One of the sisters has been in and cleared the money out of their mums bedroom. And changed the locks on her front door. The letter she wrote to them all has been doctored. And blatantly. There's all sorts been left out of it. He brought copies of the letter. And not the original. Anyone could have doctored this. He has done it to hide what he doesn't want the others to see.
Also the eldest girl is half owner of the house and she has been locked out too. Where does he go from here. Can he also change the locks to keep them out too. ? They've got what they want from the house. He has threatened that we're all getting a visit from a crew that's going to kick our front doors in. Where do we go from here.

taz 20/10/2016 at 10:50 am

many thanks it probley cost more than my share with solistors i just take it on the chin lol
many thanks again

TheWillExpert Editor 19/10/2016 at 11:18 am

You should take all your documents and information to a Citizen's Advice Bureau or a solicitor. There's too much detail and it sounds like too complex a situation for us to be any help in a simple response on here.

taz 18/10/2016 at 12:36 am

also my sister part executer has stolen from her bank accounts bought things of amazon leading upto her death and on the day of her death when she was dead took money out of bank accounts and post office and also that i notifed the day of letter when sent from the bank say about the withdrawals to the solisitor and she has copys of the withdrawals aswell would i have a case as ive been in contact with the older sister and she is willing to go to court and testeyfi that she was my older sister what i told was true and also my sister has under oath changed her name the part executer to my mums will i need help ugent many thanks taz

taz 17/10/2016 at 10:51 pm

please can anyone help me my mum told me that my sister my eldised was killed in a car crash 20 years ago and my mother and sister lied to me and i have become joint executer with the sister in qestion how do i appoch the solistor with my findings please as im not shore i will get pinnerlised or fined for this i have found her alive and well what can i do and how would i stand as i have never done this inter life as when my dad died i was kept out of it the will so i never new much as my mum was very disonied person and the sister who is joint executer was a composive liyer please help i dont no what to do

TheWillExpert Editor 03/10/2016 at 11:20 am

This will normally depend on how the Will was worded but in general, if the potential beneficiary has died by the time the Will becomes relevant and that person was a child of the deceased (as is the case with your daughter's father and uncle), then their entitlement is shared between their own living children (ie. the grandchildren of the deceased).

katelea 01/10/2016 at 12:18 am

my mother in laws will was left to my daughter her uncle, father and her. the uncle died first then her father then her nan all in 8 months . the solicitor has told her that her uncle and fathers share has to be shared out with her other siblings even tho they died before their mother is this true how can dead people inherit ?

hessie 23/09/2016 at 9:55 pm

My sister recently died and was a joint executor of my mothers estate. Does the money that my sister would of have received now go to her husband when my mother dies?

TheWillExpert Editor 20/09/2016 at 10:23 am

If there is no Will, the property if it was jointly owned, will go to the common law partner as will the money in any joint bank accounts. If not, the rules of inheritance are that estate is shared between them. That's a very simplistic overview however and it can be a lot more complexs especially if some of the children are still dependents etc. We suggest you contact a solicitor for advice if you are not getting any information from the rest of the family.

Rambo 18/09/2016 at 3:57 am

My mother passed away over a year ago and there was no will her common law partner is still in her house and my sisters. Took over her finances is this legal as there are another five of us that havnt been told anything or seen any bank accounts or nothing its like we don't exist

TheWillExpert Editor 12/09/2016 at 11:29 am

She may be able to find a copy of the Will here

Fiona 09/09/2016 at 3:58 pm

My ex husband has died and has a surviving adult child (age 23) who had recently got in contact with. His wife will not discuss the issue of a will with my daughter - he only has one biological child - what can she do here? He died in June this year.

Paddy 29/08/2016 at 1:41 pm

My wife's aunt died in 1999 and left her estate to her husband stipulating when he died the estate was to be shared between the 6 nieces and nephews A will was drawn up and my wife and her brother were executors of the will Two years ago her brother moved into the house to look after the old man and said the will had been changed and he was the sole beneficiary can this be challenged as it was not what his aunt wanted
Concerned

Nick 23/08/2016 at 3:24 pm

My aunt died and left two friends as Executors of her Will. The two people are husband and wife. I am not a beneficiary but a senior sole survivor of the family of the deceased. The Executors refuse to let me have a copy of the Will until after Probate has been granted. I think they are up to something, or clearly have something to hide, especially as they have been left all the goods and chattels of my aunt. Can I force them to release a copy of my Aunts Will either to me or one of the beneficiaries?

Jimjob 19/08/2016 at 11:03 pm

My father died in 2005 - as far as I know left everything to his wife. He had told us after her death the assets would be split between all of the children. His wife recently died. I received a letter off a solicitor saying there had been a deed of variance dated 22 months after his death and his wife and the solicitor were trustees. What does that mean?

Concerned 15/08/2016 at 10:29 pm

My brother and I are executors and equal main beneficiaries of my mother will. For the past four years my brother has been able to online transact my mothers accounts. Since her death I have requested all documents relating to the estate. My brother has reluctant to give this preferring to give me summaries of the estate. Following the threat of taking legal advise He has released current account bank statements and informed me that weeks prior to death he transferred to his name £150,000 to pay IHT from our mothers estate. He states this is normal actions but I am concerned.

In the past week he has shared with me a letter of wishes (typed by him) apparently signed by my mother which leaves most of the significantly valuable/desirable house (antiques etc) items to himself with smaller less valuable items to myself. He said my mother should have explained these wishes to me but understandably she never did as she was dying in hospital and on significant painkilling drugs when he got her to sign.

What actions should I take regarding these two issues

TheWillExpert Editor 12/07/2016 at 10:56 am

As "common law" partner you do not have any rights to inherit unless there is is a Will which names you. If you have lived with your partner in the same household for two years, you may be able to apply to court for reasonable financial help from your partner's estate.

Scottiedog 09/07/2016 at 11:27 pm

My partner passed away and we weren't married, he put me as next of kin for his hospital op , work contacts etc, does this give me any say in probate? His eldest brother is executor of the will, I can't even hold his ashes at my home! I feel totally left out.

TheWillExpert Editor 08/07/2016 at 12:07 pm

It would be better to do this with the help of a solicitor even though you have power of attorney - simply to avoid trouble and confusion after his death.Bear in mind also that you will need two independent Witnesses - if you witness a Will as a beneficiary, you cannot inherit anything.

TheWillExpert Editor 08/07/2016 at 11:55 am

It would be better to do this with the help of a solicitor even though you have power of attorney - simply to avoid trouble after his death.

Juls 07/07/2016 at 12:34 pm

the previous comment was a question and i need an answer asap its really urgent. thanks

Juls 06/07/2016 at 12:43 pm

I have continuing care and financial power of attorney for my dad. My dad wants me to write his will naming myself as executor and benificiary stating that I am to decide what my brother and the grandchildren can get he wants me to have his house which is currently rented out as he is in a care home. the rest of the family can get what items i see fit from in the house. my brother hasnt seen my dad in 2 years. my dad is still able to tell me what he wants but is so shaky he cant sign his name. he doesnt want to see anyone i asked about getting a solicitor but he said no. Can i write his will.

grim 09/06/2016 at 6:05 pm

My friend and her brother are joint executors of their aunt's estate ... she has now passed away but the brother has early onset Alzheimers and his wife has power of attorney for him. Does this mean his wife automatically takes over his duties as executor for the aunt?

TheWillExpert Editor 06/06/2016 at 12:31 pm

You can take court action over this, change your solicitor if you've been advised that there is nothing you can do.

TheWillExpert Editor 06/06/2016 at 10:56 am

No, an executor does not necessarily even see a Will until the Will maker dies.

help 04/06/2016 at 2:50 am

My mother passed away and my brother and myself were made the executors, and every thing to be shared between us both, probate has been dealt with and administered, and the cheque has been sitting in the solicitors account for over 7 months b ed cause my brother refuses to sign for no reason other than spite as we have not got on for years, so the money cannot be released, can you please advise me of what I could do , the solicitors dealing with the probate said there is nothing more they can do because they do not deal with disputes

spud 03/06/2016 at 5:53 pm

you asked me what changes, i mean if the person who made the will wants to make a change to the will does he have to inform the executor, sorry my question was quite vague

TheWillExpert Editor 03/06/2016 at 2:30 pm

Any changes are made to what?

spud 03/06/2016 at 9:30 am

does an executer of a will need to know if any changes are made he is also a benificiary

TheWillExpert Editor 20/05/2016 at 12:11 pm

You will need to pursue this via the legal system. Make an appointment with a solicitor if the terms of the Will have not been upheld.

Sr1996 20/05/2016 at 10:08 am

My mum passed away last August and I had to appoint a solicitor to deal with her estate which consists of life insurance no savings or mortgage etc. The solicitor has been dragging her heels constantly for months, forever giving deadlines that she's failing to meet and I'm having to chase up for weeks on end. I finally go a hold of her 2 weeks ago and she said she has recieved the cheque for the sum and she will be in touch?? Over two weeks ago. I am sick and tired of chasing her to get updates! any advice on what I can do? What actually happens once she recieves the cheque? Many thanks!

Tim 17/05/2016 at 8:39 pm

My dad's wife was the executor of his will when he passed, but ran away with the life insurance money. What can I do

TheWillExpert Editor 22/04/2016 at 12:22 pm

That depends on whetehr he has any claim to the property, anywhere else to go, whether the investigations prove anything etc.

Alice 20/04/2016 at 11:39 pm

My brother moved in with my mum and became her carer. He spent four years with her and was stealing her money. He changed her Will. I got the police involved as my mother had Dementia. Mum is now in a home. Her care needs paying for. My brother had been arrested for theft. The police bailed him pending investigations. Can I get him out the house.

TheWillExpert Editor 20/04/2016 at 12:56 pm

Yes, she should have access to these things if she is the executor. We'd advise her to seek advice from a solicitor.

Blank 18/04/2016 at 8:38 pm

My mother has been name executor and full beneficiary to a friends estate. The deceased's sister and brother in law have been to the property and removed a box of documents on bank accounts, gilts etc. They are also holding the death certificates and refusing to give it all to my mother. Is there anything she can do ?

TheWillExpert Editor 29/03/2016 at 2:43 pm

You can get a copy of the wills on the Probate Register

TheWillExpert Editor 29/03/2016 at 11:39 am

Check what kind of power of attorney your brother has, for example if he has property and financial affairs power of attorney he can sell the property if it's in your mother's best interests. He could claim that if care is being provided and the property needs to be sold to pay for the care, then it is in her best interests to do so. Seeking the advice of a legal professional might be wise.

Goob 28/03/2016 at 9:57 am

My dad died nearly 40 years ago . My brother and I never received anything from his estate. We have heard recently through relatives that there were trust funds set up in our name . How is the best way to investigate this ?

Many thanks

Rich 26/03/2016 at 8:47 am

My brother has power of attorney and wants to sell our parents house although our mother is still just about alive and requires round the clock care in a home following several strokes.However in the will the entire estate is left to me and he knows this. Can he do this?

Andy 23/03/2016 at 4:53 pm

My Nan passed away leaving me n my sister as executors . I was nans next of kin and very close to her . Sister had not seen her for years and did not attend funeral. I have started probate paperwork and posted forms for other executor (sister) to sign. She has not returned them nor replying to voicemail/txt (family dispute which I wasn't involved in so no idea why not signing). Please advise on what I can do next.

TheWillExpert Editor 16/03/2016 at 11:45 am

You will need to pursue this via the civil courts.

Soap 15/03/2016 at 4:41 pm

Last part of will was to sell in open market building site. Before doing that any member of our family was to be given the chance to buy before putting it in open market. It is now 15 years since and no movement .executors don't want to know. What can I do to over rule my 2 executors.

TheWillExpert Editor 14/03/2016 at 12:07 pm

You may need to get a solicitor to examine the terms of the Will and the bank account itself. Usually the balance on a joint account will pass to the surviving account holder on death but the terms of the deceased's Will may have some bearing. There may be some other agreements in place and also the details of the Will itself may mean the son has to give a share of the money in the account to you. There may also be some other areas of your friend's estate that reveal money that could be used to pay you the amount specified in the Will.

None 11/03/2016 at 3:58 am

I have been left a small amount of money from a dear friend who passed away last year
The executor appointed is her son who after I contacted him has stated he had a joint bank account with his mum so when she died she had no estate

Rosie 02/03/2016 at 3:54 pm

Hi my dad sadley passed away this January. And my mum
Is in a care home. Although she is somewhat aware she wants
Me to become her executor so she doesn't have to deal with
Anything. Do I have to see a solicitor or just let the banks know.

Clarky 01/03/2016 at 1:10 pm

My mother died a few weeks ago and by older brother told me he had been down the bank 50 minutes after her death a withdrew £ 300 out. I questioned it at the time and as you can imagine all hell broke out. He and another brother have ignored all requests and didn't even look me in the eye at the funeral. She left a I think a small amount £ 20.000 and the one who took the 300 pounds is the exucutor of the will. I have asked for a copy of the will, receipts and bankstatements. Does he have the right not to show me these things.

Thanks

lisa22 24/02/2016 at 9:43 am

My father has recently passed away he has left a will leaving me any assets he does not have property his will was made at his home by a solicitor .when I rang their storage facilities the solicitor said I only need to take the will and copy of death certificate to close any bank accounts, but also how do I find out where he was holding any accounts where do I legally stand

TheWillExpert Editor 26/01/2016 at 10:03 am

In general executors are jointly responsible for administering the estate. Sometimes one executor might take a leading role with the agreement of the other(s). If the estate is to go through probate usually all the executors will need to sign documents to do with the estate.

widowontour 24/01/2016 at 1:09 am

My friend and her sister in law are both executors of my friends late husbands will. As most companies etc need the next of kin to sign documents is there any need for the sister in law to still be involved ?.

mrs Beasley 21/01/2016 at 4:50 am

My moms will is in probate. The original is with a retired attorney, my older sister is executor. She has locked the house from the other three siblings named equally in the will and is using it on weekends to cook and shower. Is this legal? How long before it has to be divided?

vegman 12/01/2016 at 8:43 pm

My mum has just passed away and my son and his wife were made sole executors, I am an only child, the problem i have is that my son and his wife have not spoken to me for 8 years, he is now saying that i am not allowed to go into my mum's house and has refused to let me see a copy of the will.where do I stand

TheWillExpert Editor 06/01/2016 at 12:07 pm

If the solicitors no longer wish to act as executors, you can choose to assign one of the beneficiaries to do so, or a trusted family member/friend, or ask an alternative firm of solicitors to do so.

mightyQuinn 05/01/2016 at 9:25 pm

My Uncle died 2 yrs ago and he made a will with the solicitors as executors,there were mistakes in it which had to be put right at their expense. After settling the removable assets the solicitor has said he wants no more to do with it but there is still a property to sell.He said this has to be done by the family

TheWillExpert Editor 15/12/2015 at 12:58 pm

You would need to find out where the Will is lodged. Sometimes, it's kept with a solicitor but other times it might simply be in the home somewhere. Seek the advice of a solicitor if you're concerned that your step mother is doing anything untoward. You may not be a beneficiary of the Will anyway, so it may not be relevant.

Sandi 14/12/2015 at 10:56 pm

I am the executor of my father & step mothers will. They are both still living, but my dad has dementia and my step mom is starting to sell and give away my dads stuff. I have never received a copy of the will. Where can I get a copy and how do I stop her from selling and giving his stuff away? They live in CA. Thanks

TheWillExpert Editor 10/12/2015 at 12:44 pm

Usually the appointed executor deals with the estate. Is there some reason why you do not want this?

None get 09/12/2015 at 1:06 pm

My mother passed away last year and now my stepfather has also passed, he has left a will in which I am the sole beneficiary, however he has appointed a firm of solicitors to act as executor a to his estate my question is am I legally bound to have them deal with this. Please advise so I know where I stand.

Moi 22/11/2015 at 3:08 am

My mum's husband died in July and has money in h I should acount plus two life insurance policies and was told through company through the funeral directors it would cost my mum over £2000 to pay for a solicitor to get the money left for her (he didn't make a will) is there a cheaper way

Sandybay 06/11/2015 at 8:50 am

Me and my dad shared and paid for a caravan, and now he has passed away they say they need proof from probate before they change it to my name. But when he was ill we were going to sell it, and they only offered £1500. So why do I need probate

chelsea 02/11/2015 at 1:25 pm

Hello. I need help. My nan died about 11 years ago, my dad was left as a trustee for the will and she left all her grandchildren £5000 which they could have when they reached 21. My sister was told last year that my dad was not her real father yet when she turned 21 he gave her the £5000. He has recently told me that I'm not getting mine, he told me that he has paid for legal advise and that he don't have to give me mine anymore can he take me of my nans will? So I won't get any inheritance

TheWillExpert Editor 07/10/2015 at 11:14 am

It's likely that the administration of the Will cannot be completed until this is resolved as it's effectively a claim on the estate/debts.

kevphillips02 06/10/2015 at 4:17 pm

My mum died march 2015. She laft a will. One brother left out because my mother fell out with him. Mum dies brother trys to make amends days before mother dies. Realises he is ommitted from will. Comes up with what we know to be fake loan agreement saying my mother borrowed 22k. The loan agrreement is a bit of paper witnessed by his wife and wifes aunty. Not legally executable. No proof the manoey was paid via bank transfer or checks.They are threatening court action and we cannot pay knowing what we know and with no evidence.We also do not want to spend on to much legal costs. How long does he have to initiate threatened court action and how long do we need to wait to distribute estate if we hear nothing?

Peaver 18/09/2015 at 2:16 pm

Unfortunatley i'ts been 5 years since my father died, and his crooked account/executor has taken all the rent payments from tennants, forged documents, to show Dad's boat was sold before his death, emptied and removed house save, changed the will 2 weeks before my father's death etc etc. In total assets worth over £100k.

FACT: Its not what you know, its what you can prove. I can not prove the will is a fake, what was in the safe, how much rental income there was, that dad didnt sell the boat before he died, indeed anything! Also the courts don't like to remove executors. It costs £10k+ to try and remove an executor and without concrete evidence it is likely to be thrown out and you will have to pay the costs also.

I made the mistake of thinking the law would protect me. It wont. Its an unbelievible mess.

My advience is try to keep the situation as calm as possible, bite your lip, and where ever possible work with the executor to do what they want.

They have 99% of the power. Think of it as dealing with a madman holding a grenade, in many cases that shouldnt be to difficult.

Jo 09/09/2015 at 9:10 pm

My husbands mothet has recently RIP and his sister refuses to tell him who the solicitor or executor us. He's rung around local comoanies and found out the solicitor but the refuse to say who the executor is as they only hold the will. what does my husband do?

mark 15/08/2015 at 9:32 pm

I have been named joint executor along with my brother for my late mum's estate. However after discovering my brother was stealing cash from my mum's home the day after she died, and confronting him, he has now refused to sign documents for grant of probate, has stolen all mum's paperwork, including the will and death certificate. He has stated that he will only proceed if I agree to a fixed rate solicitor dealing with probate. I want to continue as executor and fulfil my mum's wishes. Do I have any rights to proceed and how do I go about this without having to pay out solicitors costs? Thanks

coco 02/08/2015 at 9:28 am

Ref earlier post. There was money left after all debts had been paid. The exsecutor has a personal disslike for some of the people named. so hasn't carried out the deceased wishes.
The executor was the sole beneficiary after all debts and wishes had been carried out.so kept the remainder for themselves ( around foury thousand)

paul 30/07/2015 at 2:55 pm

in brief my wife and brother were the exc of they late mothers will, the only asset to sell was the property she lived in, which consisted of a house and an old stable block, there was a large amount to pay in tax, so to release the property from probate, money was needed by selling a proportion of the estate, my wife and I purchased part of estate for the highest value that it was valued at, the combined properties were valued for probate higher then what they sold for approx.( 17% lower), due to being in such a poor state, the large house was on the market for two years, had 50+ visits and a number of offers which were in some cases will below what we actually got for the property, now two of the beneficiaries are concerned about the sale of both the stables and house not being acceptable, and have sent a very aggressive solicitor's letter

Kev 30/07/2015 at 9:47 am

Hi ..Can you explain please what the dead part of the movable estate is and who gets it?? if sister has been named in will but brother has not though brother is entitled to legal rights in Scotland.Mother had £50,000 in movable estate father is dead but been told I am only entitled to £12,000 thought it was 1/2 which would make it £25,000 not £12,000 thanks I might add the will was only a copy original was never found not even with the original lawyer! will was made in 1990!

TheWillExpert Editor 31/07/2015 at 1:35 pm

@Coco. An executor's duty is to ensure the terms of the Will are carried out but if there is nothing left after all debts etc have been cleared then some people may not get anything.

coco 29/07/2015 at 7:40 pm

Once a will has been has been dealt with .property sold and everything finalised. Is it against the law for the executives not to have paid someone named in the will

.... 21/07/2015 at 9:55 am

My nan has recently passed away and in her will I am to recieve a specific set of rings from her jewellery. However before I have taken possession of these rings my grandfather has given one away to his sister-in law (my nan's sister). I was particularly keen to keep this ring as it belonged to my great nan. What has happen, is it illegal?

TheWillExpert Editor 15/07/2015 at 1:00 pm

@taraK. We think she will have to receive the money as per the Will instructions and then pass it on to you as a transfer/gift etc, but you should check with a solicitor.

TaraK 11/07/2015 at 7:00 pm

My mum has inherited quarter of a house in which it has been sold. She will get about £80k. She does not want any of it and wants it to go straight to me because she has no solid assets to leave me in the future when she passes so wants me to have it. She wants the executor to pay monies straight to me as per seven year rule. Can this just be done with a contract me and my mum can draw up or does it have to be done via solicitor etc? Thanks

TheWillExpert Editor 15/07/2015 at 12:25 pm

@Bones. Anyone is entitled to challenge a Will if they have sufficient grounds to do so, especially if they are children of the deceased. It will be up to the legal system to resolve this.

Bones 11/07/2015 at 10:18 am

Hi my mum passed away and left a will and 2 of my brothers are executors of the will and are trying to bring 3 siblings in on the will that my mother and father left out surely they should be honouring the will not taking it to court to bring them in, and as beneficiaries are we entitled by law to see where all the money has gone,I mean all paperwork,as my mum's solicitors are saying we are not because the 2 executors are saying no can you help please

TheWillExpert Editor 07/07/2015 at 11:27 am

@Elias. She should be able to make some provisions for you in her will. Her new husband's claim on the property will depend on how much he as contributed to it and its upkeep during his time spend with your mother. She should seek professional legal advice on this.

Elias 03/07/2015 at 5:38 am

My mum is getting married to her partner and she wants to leave the house to me in her will and make sure her new husband does not have a claim to it once she dies is this possible?

Tararara 23/06/2015 at 11:56 pm

TheWillExpert Editor 26/06/2015 at 10:46 am

@Irene. If you are sure about, or suspect the existence of a second Will then you should seek the advise of a solicitor. If the Will was lodged with a solicitor it should be easy to trace.

Irene 22/06/2015 at 3:02 am

My sister said that she is the sole executor and beneficiary to my mother will. I fell out with her and mum but my mum told me that she had a will dated 1989 but that she had changed it in 2001. We cannot find the second will can I contest this will.

TheWillExpert Editor 10/06/2015 at 12:33 pm

@Flos. No he does not have to release this information until after the death. He may choose to give information with the consent of his brother though.

Flos 06/06/2015 at 9:55 pm

Are executors entitled to ask a financial advisor about the assets of an executee before that person dies, supposedly so they can be better prepared? My nephew is an executor to his father who is bedridden and has always had his financial affairs looked after by my husband (his brother). My nephew is desperate to know what his father's investments are and is trying to use the excuse that he is an executor to be given the information. My husband says that the has no right to have this information until his father's death.

MG 23/05/2015 at 11:45 am

My father passed away a few days ago, im an executor of his will and have asked my step mother and step brother (also an executor) if I can see the will. They have refused saying they know my fathers wishes and there is no need for me to see it. My step mother says that my step brother has not seen the will, although I have some doubt as he has been sorting out funeral arrangements, financial matters etc. again I have not been allowed to help with these. I was very close to my father. Please advise.

TheWillExpert Editor 15/05/2015 at 1:59 pm

@eve. It's common to set up a bank account in these situations but you often give the account a name that indicates it's relating to the will of a deceased. Also it's more common to have two "signees" on an account like this. As the other executor you have a right to know what's going on with any arrangements relating to the Will and the estate. Seek advice from your solicitor.

eve 12/05/2015 at 10:54 am

my mother died leaving my brother and myself executors over her will . my brother unknown to me has opened a bank account in his name only.he has started to do work in the house without telling me and put the house on the market without telling me and the. rest of the beneficiaries .i have asked him for an update of the accounts and he said he can do as he like,

TheWillExpert Editor 15/05/2015 at 11:28 am

@pollyanna. You asked this question on another page where we answered it. Hre's the link

Pollyanna 11/05/2015 at 10:45 am

I am a 50% residual beneficiary of my aunt's will together with her close friend who is the executor....
1.Does residuary estate include household items ?
2.Can the executor sell/give or promise items without consulting me ?
I sent her a polite letter 3 weeks ago suggesting meeting but haven't received a reply.....I would be grateful for your help - Many thanks .

TheWillExpert Editor 28/04/2015 at 11:01 am

@jude. No the executor does not decide "who gets what" - he/she simply carries out any organisational aspects etc.

jude 22/04/2015 at 11:04 pm

my uncle died and left my brother and his solicitor execetors , my brother and i are the only relatives. so can he decide what i will get as my uncle did not leave any wishes.

TheWillExpert Editor 23/04/2015 at 12:40 pm

@scoot. What advice do you need? Sorry it's not clear.

scoot 20/04/2015 at 9:28 pm

my sister is ill was diagnosed cancer nov last yr.gave her a month or months she wasn.nt sure ,told to get affairs in order ,made a will oldest son deals with money now asking for power of attorney advise plz

TheWillExpert Editor 17/04/2015 at 10:37 am

@izzey. You could ask a solicitor to view the will to see whether your partner is beneficiary and also to check who the executors are.

izzey 16/04/2015 at 2:28 pm

Ho there my partners mother has passed away and left a will but his sister states it her will and nothing to do with me is this true they both signed it and she is saying she is the sole excector but my partners mum knew she was a money grabber how can i help him to find out what his mums wishes in her will are

TheWillExpert Editor 26/03/2015 at 12:37 pm

@Duke. Not sure, but she will be able to obtain a copy of the will from the probate register once it's been granted

Duke 24/03/2015 at 6:02 am

My late mother named me as sole executor of her will and gave instructions to leave amounts to certain family members. My sister has been left out of the will but wants to know the exact amount left in my mothers estate. Does this information have to be disclosed by the executor?

TheWillExpert Editor 19/03/2015 at 11:00 am

@redrainbow. Not easily. Had your partner lived to inherit his mother's estate, then he would have been able to choose who to leave any of his inheritance to when he died. Your mother-in-law however can also choose to do what she likes. The only people who would realistically be able to challenge her will would be the next of kin.

redrainbow 17/03/2015 at 7:10 am

My mother in law has left a will stating that once my partner dies all her investment transfer to her church my partner has passed away am.I able to challenge her will
Thanks

TheWillExpert Editor 12/03/2015 at 12:19 pm

@Jen. yes you will need to see a solicitor for help with this.

jen 10/03/2015 at 12:23 am

I am executor to my late fathers will His partners son is obstructing me from gathering in my father's belongings for probate. Is this against the law?

TheWillExpert Editor 04/03/2015 at 12:45 pm

@trees. Your friend should find a solicitor to assist in setting up the trust. He/she should appoint one or more trustees to look after the fund - this could include him/herself. Sometimes a company can be appointed as trustee which means there is less burden on individual trustees. The trust will not be accessible by the child before the age of 21 unless it's a revokable trust.

Trees 28/02/2015 at 5:31 pm

My friend was appointed as executor for a family member and the will of the deceased requires her to set up a Trust Fund for a minor (aged 8) until she reaches the age of 21. How should she do this and does she have to continue her involvement for all those years. What would happen in the minor doesn't reach the age of 21? Also can the minor claim this inheritance at the age of 18?

TheWillExpert Editor 06/02/2015 at 10:41 am

@notlop3. It's usual for an estate to be shared equally between children of the deceased. The bank account however was in the "joint" names of you and your mother. Money in a joint account usually passes automatically to the surving account holder when one of the account holders dies. We don't think it goes through the will or intestacy procedure but check this with your solicitor.

notlob3 02/02/2015 at 8:08 pm

I had joint bank of Scotland accounts with my mother who has now passed away. Her will stated that the house only be shared with my siblings but they are asking for more money from the account. Do I have to share this with them

TheWillExpert Editor 19/01/2015 at 11:11 am

@MRD. The estate is normally valued after expenses have been taken out, so the funeral is covered. Check with your solicitor if you feel the will has been wrongly structured.

MRD 15/01/2015 at 11:11 am

I have just found out that my late father has appointed me as executor of his will.

One of the first clauses allows for an amount to be provided to his sister, then the following clause deals with any deductions for his debts and funeral expenses. She has not had any contact with my father for more than 12 years but is trying to make contact now as she knows he is deceased.

I am very concerned by this as I would have thought that the first clause would have been to address his funeral expenses and debts and have the clause to provide his sister with funds after.

There seems to be very little in his estate and I am having to pay for his funeral costs and this will be extremely difficult for me.

Am I right in my interpretation of the will that his sister has to be paid first and then anything left in the estate can go towards his funeral/debts.

Regards

juju 09/01/2015 at 2:13 pm

Thanks for the comment. I don't know what the other beneficiaries think except HE, himself, the executor. The others are his sister who didn't attend any of these events and his brother who came to the original funeral. the deceased prepaid his funeral but this has been considerably extended on by the executor. I don't think he has done anything out of malice. However I am not happy about the fact that things were distributed rather willy-nilly long before Probate was granted including items to his mother and his girlfriend on the grounds that the deceased "would have wanted them to have them". Apparently an earlier Will in a previous generation was also divided between 4 people and done properly and he said this caused a lot of upset as all family things were sold up. I was quite happy that this shouldn't happen. Nevertheless, nothing was valued and surely if someone wants something specific the cost should be reflected in their inheritance. and they should buy out the other legatees,

juju 06/01/2015 at 9:03 pm

The executor of a friend's will of which I am a beneficiary arranged a very lavish funeral, which was PARTLY pre-paid by the deceased. However a bus was laid on for neighbours to get them from a wealthy area of Central London to the crematorium several miles away. Well, ok. Then there was an interment at a family grave in another part of the country. Again, ok. But then the executor arranged a third ceremony for neigbours who had NOT attended the funeral who were apparently UPSET that the ceremony hadn't been held in their local church. This was again a lavish ceremony with musicians, singers, food for 80 people. All coming out of the inheritance which is not huge. I had had no objection to this 3rd service as I thought it would be a simple commemorative do. I was asked or consulted just told that this was how it was going to be. Now I have been told that these same neighbours would like a commemorative bench for for friend and at this point I have said NO. If they want it they must pay for it themselves. I must say I do feel mean but I feel the executor is playing with our inheritance. The are 4 of us and the estate was supposed to be divided equally between us. I believe everything should have been given a value to make this fair but this has certainly not been done. I am the only non-family member in the quartet and as such have felt reluctant to force the issue as far as family things were concerned. I am beginning to feel resentful. Am I being unreasonable?.

TheWillExpert Editor 07/01/2015 at 1:59 pm

@Sid. You can write to the courts requesting that someone else administer the estate.

Sid 05/01/2015 at 1:20 pm

My mum passed away and left my brother as executor, he and my eldest brother assaulted me within a couple of days of the her passing away. Would I be able to challenge his rights to execution, as he is no longer considered a fair person.please advise.

TheWillExpert Editor 05/01/2015 at 2:06 pm

@marco. You could try a financial adviser to see if there's any way you can do this. Usually you would have to wait for probate and financial procedures to be finalised before getting hold of the money. Also - at this stage you cannot be sure of how much the house will realise, and cannot use the house as collateral as you only have third share.

marco 30/12/2014 at 4:51 pm

I have a third of a share in my deceased mothers house, the house is up for sale but I would like some cash quick, I have full power of attorney and the probate is in my name, How can I raise capital against the house ?

TheWillExpert Editor 01/12/2014 at 2:31 pm

@GrahamA. Seek legal advice on this, as the wording will need to be unambiguous.

GrahamA 28/11/2014 at 7:20 pm

My friend wants to make a Will that does not directly list exact amounts or objects to people or institutes , church etc but would prefer to leave everything to me , then verbally inform me of how to distribute funds/ objects , after that the remainder they leave to me.
Would one simply rely on my total honesty and not mention the verbal request , or should one make mention in a Will , of that a verbal request of distribution of some wealth is in existence .
If correct how should it be worded??
GrahamA

Dodgem52 17/09/2014 at 6:59 pm

My father has recently died and left myself, my elder brother and a firm of solicitors as joint executors. Their fees are very high, do we have to use them, or can we 'give them notice'? We have not signed any of their documents yet.

tyson 27/07/2014 at 9:00 pm

I was appointed by my father to be the sole executor of his will, the will says i leave devise and bequeath my lands together with my dwelling houses to my said executor upon trust to hold them for wife and daughter for their natural lives and on the death of the survivor of them to hold the said lands and dwelling houses for my grandson.
The daughter has given the grandson a building site, can she do this without consulting the executor.

TheWillExpert Editor 18/06/2014 at 11:35 am

@Julie Badie. If your mother died intestate (ie. left no will), then English law states that her next of kin inherit the estate. So if there is no partner/husband, then the estate goes to her children (ie. you and any other siblings) and should be divided equally among you.

Julie Badie 18/06/2014 at 5:11 am

My sister is putting me out of my deceased mother's house, my mom left no will or executor of estate what should i do

smithy 19/03/2013 at 3:51 pm

my brother died and he had a will but we found the will was not sign by
him but it had to witness sign on it what do i do as an
executor.. thanks need a reply soon

Maggie 07/03/2013 at 3:24 pm

In 2002 my father, now aged 96, made a will in favour of his two stepsons disinheriting my brother and me. I believe my dad was being influenced by my step mother to make this will but she has now died. Although my dad is deaf he is still mentally capable and wants to change his will to include all four of us, i.e. my two step brothers and my brother and me. My dad's solicitor, however, is unwilling to act for him on the grounds that he is being influenced by a family member.

Can my dad go to another solicitor and make a new will?

veryupset 29/08/2012 at 12:01 am

My sister has just died she didnt make a will,i have one remaining sister as the other sister also died so her niece and nephew will get a share of the money as will my remaining sister and myself.I have got a solic for the estate to go to probate.A few days after the cremation the solic wanted to talk to me and said he had a phone call from my niece and nephew to say my mother had an affair and i and my other sister was half sister and the money would all go to them.I was brought up by my dad when my mum walked out on us when i was three years old.My mum dad and her other husband have passed away now,My niece and nephew are going to get some sort of dna and my sister and myself will have to have one.The niece and nephew have not been seen for years.Feel very upset iam sixty eight i dont need this in my life i am the one who as been going to hosp nursing home and was with her when she died how can people be so cruel is there anything i can do now thank you.pat...........

baldybob 12/07/2012 at 10:01 am

hello can someone explain to me whether or not there is a time limit impossed on an executor to administer the wishes in a will ,and if so when that time has elapsed and i assume it goes to the government does that release the executor from any form of explanation to the beneficieries.
the concern is it has taken 4yrs to date for the appointed executor to deal with what is a considerable estate ,and as yet no financial payment has been received to the only two people directed in the will.the concern within the named beneficieries is that the executor has used this time to hide or syphon off large amounts of the estate.
he is not co-operating with our appointed solicitor .and if a tiime limit exists, does this then mean that if he stalls long enough he will not have to explain himself to anyone.
thankyou for your time , yours sincerely R

Sisyphus 21/06/2012 at 3:57 am

I am confused by this website. There is a list of interesting questions about executors in wills and not a single response or suggestion of where to enquire further.

I think people would be better off going straight to a Citizens' Advice Bureau. The website seems a waste of time as far as asking questions goes.

John 17/06/2012 at 8:06 pm

My mother died in march this year. She left a will, and myself and one of my sisters has the two executors. The solicitor my mother chose do deal with her will after her death. Keeps sending me letters asking if I still want to be one of the executors. I have replied and said yes I still want to be an executor, has this was my late Mothets wishes. He is stating in his letters that he is only working on my sisters behalf and cannot work for me. I was lead to believe he should work for both of us, under my mothers will instructions. My mother hasn't left myself and my two sisters anything in her will. Because through the years, we have all had things. So she left everything in her estate to her eight grandchildren. So all I want is for my mothers will to be sorted and for her grandchildren to receive what is theirs.

So can I ask. Can my mothers solicitor deal with my mothers will, and deal with my sisters dispute against the will, of where all my late mothers money has gone previously. But say he can't work for me at the same time. While I am an executor? This to me seems to be a conflict of interest. Please could someone advise?

Sisterlylove Editor 30/05/2012 at 12:08 pm

@D. Just say you don't want her to pass over the duty to someone else and that it would not be respecting your deceased parents' wishes to do so. I'm not sure whether there is anything that you could do by law to stop her, but it's worth speaking to a solicitor or the CAB I guess.

D 29/05/2012 at 9:22 pm

My mother died last year and my father earlier this year. In both wills my sister and I were named as executors. I obtained probate for my mother (my sister wanted me to do the work for this and just consult/informed her as I proceeded).
The same has been agreed for my father's probate. However, my sister now wants to nominate her husband to replace her. I am unhappy to do this for two key reasons, firstly my sister has started to "renege" on verbal agreements we had made regarding the assets in the estates and I am concerned that she may be trying to provide a means to do the same with written agreements in the future (ie. I had not made her aware of issues etc.) and secondly, an emotive concern that my parents did not like my brother-in-law and his involvement seems inappropriate.

Can I insist my sister continues as executor, or, can I continue to obtain probate and just inform her of the steps I am taking (she has taken control of all of the cash for both estates and is ignoring my requests for funds to pay some overseas taxes due.....non-payment will result in a heavy fine).

ARISTO_LAW_CURIO 27/05/2012 at 8:21 pm

Hello,

4 months ago my father died. He had left a will and had appointed two executors, and in the case of executors, and also a trust was written into my Dad's estate. Firstly, I should state that probate has been granted.

My uncle has helped my mum as the executor- the second one- and my mother the first one.

My Dad did set up a trust; this was to guarantee income for himself: tenancy in-common agreement in case of my mum's dying first- he had brain-damage due to a stroke and had anticipated possible medical costs. That is not specifically mentioned in the will; but my sister and I believed that that was implicit.

What is explicit in the will is that the executors and trustees are my Dad's brother-in-law and my mum. My daughter -his granddaughter is specifically named as a beneficiary of a small "settled" amount of trust-money, to be held in trust.

My question is quite simple: can my uncle step down as trustee of her trust money: My husband and I are normally the trustees of her money and we hold a few investments for her in her name for her majority-for when she comes of age. It seems that the will was deliberately kept vague as to how the money could be invested but it is to be held in trust for her until she is 18.

I hope that is clear. Yours sincerely
as above: ARISTO_LAW_CURIO.

THANKS:many thanks.

Will Power Editor 15/05/2012 at 10:20 am

@Reluctant Executor. Are there any other executors named too? They will be able to share the burden of any work carried out. I am named as my parents' executor but along with two other relatives, so it doesn't seem as overwhelming that way. You can also enlist the help (or pass it over to completely) to a professional or solicitor in the event of your parents' death.

Reluctant executor 14/05/2012 at 12:31 am

I have been named as the executor in both my parents' wills. Both are still alive. I did nnot and do not wish to act as an executor. I was not consulted before they did this, and they ahve both refused to amend their wills. Can I renounce being an executor before their deaths, and if so how?

Maggie 17/10/2011 at 4:17 pm

I am one of three daughters our father has just died and in his will left us all as executors and trustees my two other sisters have all documents relating to any banks insurqance details etc.., I have seen none what is my position in law can they apply for probate without me being present and should we not as we are all executors work together i too like previous correspondent Jane feel totally out of the loop

Marjorie 06/09/2011 at 10:30 am

In a self written will do I have to nominate 2 executors & trustees also if the witness has signed their name in the Testator space can you cross their name out initial the mistake and then sign ?

Jane 01/09/2011 at 10:26 am

my brother is the executor of my mums estate and he and I are the only beneficiaries. She had a lot of investments and bank accounts and my brother has sorted all these and is using a solicitor to apply to the court so he can deal with the estate. Is he or the solicitor under any obligation to give me a detailed breakdown of the value of the estate? He has removed all the documentation from her house and has only given me an approximate figure with no evidence to back it up. I am feeling out of the loop and need to know what my rights are for information.
Thanks

Chris 26/07/2011 at 9:29 am

In a self written will if the sole executor dies and the individual making the will is not competent to act because of dementia can the individual who has power of attorney appoint another executor?

Ask The Will Expert a question

Ask our editorial team a question and we will reply with our advice. Tell us as much about your situation as you can: the more detail you give, the more useful our answer can be.

You do not need to use your real name. Please do not include your full address, phone number, email address, or the names of other people. We may edit or remove identifying details for privacy and legal reasons.

Comments are moderated before publication.

Will Terminology Explainer Tool

Do I Need a Will? Checker Tool

Should I Use a Professional Executor?

Who Do I Name as an Executor of My Will?

What Is an Executor?

Power of Attorney