What Is an Executor?

Author: Josh Hall

The process of writing and interpreting a will seems simple to begin with; surely it is just a case of deciding who should inherit your property, and then putting it in writing? Unfortunately, from the very beginning of the process, making a will involves a string of legal terms and often confusing jargon. One of the most fundamental of these terms (and, usefully, one of the simplest) is 'executor'. This describes the most important individual to be named in the will, and it is therefore important to understand exactly what the term means.

In its broadest sense, the legal and literal meanings of the word are much the same; the executor is simply one who executes, or carries out, a task. In the case of a will, the executor is the individual who is charged with carrying out the tasks outlined by the writer.

Complex Tasks

The directions given in the will may well be complicated and, as such, the executor may have many and varied tasks to carry out. The most important of these is likely to be the disbursement of the deceased individual's estate to the beneficiaries named in the will.

Before this can be done, however, the executor will also be required to arrange for payment of the deceased's remaining debts to be made, and to deal with outstanding claims from creditors. Furthermore, they will be required to calculate and pay tax which might be owed from the estate. Normally the largest such outlay will be inheritance tax, but there may be further unpaid sums which must be accounted for. Another key part of the job of executor is to seek out any other possible heirs, and to assess any claim they might have to part of the estate. Finally, they will be responsible for any other arrangements stipulated in the will, such as donations to charity.

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Personal Representative

An executor can also be known as a personal representative; they legally represent the deceased's estate and, as such, assume various rights and responsibilities. In most cases the executor can be sued on behalf of the estate, making it a less than enticing post if the deceased's affairs are not entirely in order. It should also be noted that the executor automatically acquires the title to any property which falls within the estate. In this way, they act as the owner of any property to which a life tenant has a claim. The executor may not, of course, use these titles for their own benefit, unless this is explicitly provided for in the will.

The post of executor is a difficult one and, as such, it is sometimes the case that, upon the death of the writer of the will, the appointed executor no longer feels capable of discharging their duties. In these cases, or in cases of intestacy, an administrator may be appointed instead. This individual will take on the same responsibilities, but will have to apply for Letters of Administration in order to acquire legal authority.

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114 questions

Ask The Will Expert a Question

TheWillExpert Editor 20/02/2018 at 3:22 pm

The Will should be clear on this. Have you spoken to a solicitor? Who has power of attorney over your uncle's finances if he has dementia?

strongox 18/02/2018 at 8:48 pm

my dad left a will, leaving 6 parts 50% to step son who is also the executor ,not adopted 1 part each to 4 of the remaining step children and 1 part each for his biological twin daughters (me), he left his biological son out of the will completely , executor is asking for a signed letter saying disinherited son wont contest or make a claim (he hasn’t seen the will) he said the solicitor wants it to release the money, this has only been asked verbally from executor, the house is sold pending probate has he a right to ask my disinherited brother to send a letter stating he wont contest.

chammo71 16/02/2018 at 8:51 pm

My aunt recently passed away and has an old friend as her executor. My uncle (her husband) has dementia and is now in a care home. In her will it stated her requests but that if my uncle survived her then after 30 days he was to be sole beneficiary.

The executor wants to claim many of my aunts possessions and clear the house even though the 30 days had passed and my uncle is very much alive.

Does the executor have any legal right to lay claim to any of my aunts possessions and state the house is to be cleared etc?

Where do we stand with regards to protecting my uncles rights & welfare? As we want to ensure all of my aunts share of estate and possessions is safeguarded for the continued care of my uncle.

TheWillExpert Editor 15/12/2017 at 12:02 pm

It does seem a lot. You should ask her about it...perhaps she's had to take time off work, pay for items upfront etc? If you think she's defrauded the estate, you might have to consider legal action.

fl 12/12/2017 at 4:31 pm

My mother died just over a year ago and left everything split between my older sister and I, with us both named as executors. I live in France and my sister suggested that it would be easier if I signed a form enabling her to obtain probate and administer the estate and act as sole executor. My mother's house was sold in September and my sister sent me a check with no other paperwork. I asked her for copies of the paperwork as I thought this was a legal requirement and I might be asked to prove where I had got the money (not a great deal of money). I finally received the paperwork today, and find that my sister has charged me a 15,000 fee for acting as executor, on a very simple estate. I understood that a solicitor or bank acting as executors would be paid their customary rates, but that a family member or friend would be reimbursed their share of expenses but would not receive a fee. Am I right? This seems an enormous amount of money.

Di 15/10/2017 at 6:29 pm

Another lady and I were named as executors for my aunt's will. The other lady signed the probate forms but now that I have them back from the Probate office and we both need to swear the oath in front if a solicitor, she is too ill to do anything.
What can I do as she is not going to get better and may well pass away?

TheWillExpert Editor 29/09/2017 at 3:19 pm

Assuming there were funds left after any debts were cleared etc, yes you should have received something. You will need to take legal action against your aunt if you can prove that you were the only beneficiary.

Josh 28/09/2017 at 4:38 pm

My dad passed away in 2005 I was the only beneficiary my aunt was named executor of the estate and she sold the house and everything in side I got nothing from it is this legal can I pursue this to get some of my money from her

TheWillExpert Editor 25/07/2017 at 2:42 pm

Check the details of the Will to see if your aunt specified who received the possessions. If you want to question anything the executor does, you can.

Bruceieboy 19/07/2017 at 1:59 pm

My aunt has left me her house I am her only blood niece, in her will but I am not the executor that is her nephew. Will he clear her house before I get it or do I have any rights to the contents? Would it be better if she made me executor rather than a nephew on her husbands side

TheWillExpert Editor 04/07/2017 at 11:35 am

If you feel the Will has been administered fraudulently there is no time limit. You will need to seek professional legal advice to pursue this.

karen 03/07/2017 at 12:10 pm

Hi.my 2nd aunt dieds nearly 20yrs ago and we have just found out form another Aunt that when she died she made my Uncle (my brothers brother) executor of her will...her estate was estimated at 300,000. The Aunt alive got 5000 the 2 Nieces received £1000 each and there was no-one out of our family left . Me & my Sister now believe we should of received more. I know some time has lapsed but is there anything we can do about it?

TheWillExpert Editor 26/06/2017 at 11:51 am

If a Will exists, the named executor has to contact all the beneficiaries and send them a copy of the Will. If you are concerned, a probate solicitor should be able to help you.

Lou 23/06/2017 at 12:56 pm

My dad passed away and I got told that two of my sisters have my dad's will and neither of them will tell me if I am in the will or not I keep asking but get no reply please help .

Lilly 11/06/2017 at 6:44 pm

My dad left money to my sister but she has passed away before I can get probate sorted. Where does her money go now. She was married and had a daughter. I have no contact with her husband and daughter.

TheWillExpert Editor 30/05/2017 at 2:07 pm

If she has left a Will, your job as an executor is to carry out her wishes as described in that Will.

GG 28/05/2017 at 8:31 am

I am an executor of a will for an old spinster lady. All her estate has been left to her friend. I believe she may have a brother and sister who she has not seen for 10's of years. There is no record of there name and address in the house. Do I need to find them or just follow the instructions in the will?

Gc 29/04/2017 at 11:43 am

My brother and I were left equal shares o f my mothers house we are executer s of the will but my mother put a letter with the will that I should have first chance of the house if I bye him out but he won't sell me his share and says he wants the house this against mams wishes what can I do.

maz 30/03/2016 at 2:33 pm

my mum left me a house that worth 60,000 and 4,000 in the bank will i have pay tax on this and she given me 4,000 just befor she died to buy a car

paul 30/03/2016 at 2:13 pm

my grandma made a will when i was 5yrs old and says her house had to be sold and put in trust till i was 25 but i am 27 and she just died and i get everything as they no one else but do the house have be sold as i over 25 now as i thinking of doing it up

tony 19/03/2016 at 3:07 pm

Can an executor legally obtain details of a deceased's joint bank a/c which was held by her & a beneficiary but which was closed PRIOR to her death?
Also can this executor carry out ANY actions as an executor if he has not even applied for probate?

Estate 17/03/2016 at 2:44 pm

My aunt passed away and a non family member states that everything was left to her and she is executor. How can we see a copy of the will if she will not produce one.

TheWillExpert Editor 07/03/2016 at 2:27 pm

This is really for your solicitor to assist with. As a beneficiary you can request a copy of the accounts etc, so we suggest you do this for now. That should at least give you a clear picture of what's happening.

Bert 07/03/2016 at 11:38 am

I am the sole executor and beneficiaries of my late sons estate. I have on the recommendation of my solicitor
Paid certain costs Funeral cost, Hire purchase cost of a vehicle , Accountants fees,
A total payment of £ 12,500, Because the estate is based on sale of a Business
and a House, and is proving difficult to sell. My solicitor has told me that I cannot
Claim any part of my £ 12,500 outlay, until all liabilities have paid ie- Inheritance Tax,
And depts Is this correct, Bert.

Tallulah 04/03/2016 at 4:07 pm

My husband passed away last year leaving a will stipulating the properties that he owed were left to his children and I was to get the residue of the estate. Probate has been granted and IHT paid. The problem now is my stepchildren who were also named executors in the will are the delaying the process of this, for no apparent reason, the solicitor who is also executor insists that she is trying her best to resolve the issue but one of the executors are not responding to signing the that are required, What should I do to resolve this issue.

TheWillExpert Editor 04/02/2016 at 12:55 pm

Did the wife consent to the changes? If you think she has been coerced into changing her Will or someone has changed it fraudulently you should seek legal advice. Here is some information on challenging a Will.

L 03/02/2016 at 12:18 pm

my good friend left me executor to his and his wifes wills they made back to back wills . after his death the wifes half sisters husband has changed her will and cut me out of everything my friend left me . is there anything I can do to claim what he wanted me to have ?

jh2013 14/01/2016 at 2:33 pm

My mother's partner passed away living a will which his sons were made executors. It was stated in the will that my mother was a beneficiary and was told she would receive notification once everything had been sorted. To date nothing has been passed to my mother nor have the executors of the will made contact.
Please advise how this should be rectified.

mully 08/01/2016 at 12:25 pm

my mothers will states that all her jewelry at time of her death must be left to her daughter 'me' My brother as executor posted me the Jewelry and most of it isn't there nothing of value anyway I bought all my mothers jewelry for her I was ill in hospital when my mother died and during her funeral My brother states that all the jewelry that was left was sent to me and she must have given the rest away before she died what can I do?

Suz 29/12/2015 at 7:13 pm

I am curious regarding a will which I was told verbally that I would be included and her next door neighbour in it, as we were the ones helping her. The lady who died was 95 with no close family that she liked. she told me a few years previously that she had a solicitor to the house to make her will and she wanted a copy of my address. Yet I've contacted the solicitor who is also the excecutor and have been told very abruptly that I'm not included, but I deeply believe that I would have been left something. I have requested a copy of her will from Gov UK to try to find out more. Any advice would be great as I am suspicious regarding the solicitor being excecutor.

Canadianowl 23/12/2015 at 5:27 pm

My father in law has left money in trust to my 2 children. We found out through a third party. The executor of the will has not informed us of anything. We have also tried to contact the solicitor with no joy too. The Executor will not speak to us. We now live in Canada so it is difficult to deal with anyway. What can we do to get information and can we decide where the funds would be kept in trust. We cant have her as the trustee as she will do everything possible to make it difficult.

bids 17/12/2015 at 12:25 pm

Do I also need to give solicitor a copy of death cert even though he will not be needing a solicitor. To carryout his final wishes.

bids 16/12/2015 at 4:21 pm

Dads bank acc only about 3thousand pound in it but still have a few bills to pay from that eg funeral expences. He had 2thousand in another acc which will pay for funeral .there is a nominee on this acc.as I am excetior a
Am I allowed to see a copy of this, also do I need to check that no other changes have been done to origal will. Thanks

TheWillExpert Editor 16/12/2015 at 12:45 pm

The banks/building societies will have their own discretionary limit on whether they require grant of probate/confirmation. If your father had bank account or shares with a net value of over £15,000, or his home needs to be sold/transferred then a grant of probate will be needed.

bids 15/12/2015 at 9:54 pm

Im an executor to my dads will all is left to me only small amount of money and personal belonging no probeerty or debt do I need to apply for Probate or do I get copy of will from solicitor. I have a copy of will.can I go ahead and close all accounts down.

TheWillExpert Editor 08/12/2015 at 11:40 am

Find out why he has done this? It may be to do with Inheritance Tax etc.

Kevin 07/12/2015 at 4:48 pm

My father has stipulated in his will that the bulk of his estate should be put into trust with his three children as beneficiaries. None of us wants money to be tied up in trust as there are no grandchildren who can benefit from this arrangement. Can we simply divide the funds equally instead? To be clear, this is what all parties actually want, and there are no other beneficiaries who would suffer from this change. Thanks.

TheWillExpert Editor 03/12/2015 at 2:42 pm

Speak to a good probate solicitor. There are lots of unscrupulous "Will writing" companies still operating in the UK.

Jamie 01/12/2015 at 10:21 pm

We have a situation where a will writing company has a family will, knows the sole executor but is putting impediment after impediment in the way to releasing this will. I think they are hoping to capitalise on a clause that appoints them as sole executors if the afore mentioned executor is unwilling or feels unable to carry out the duties. What duty do they have to release a will to the executor or, at least, the Probate Registry? It will be very helpful to know what the law states on this. This company do not appear to be a member of the two will writing societies that set their members' standards.

Gary 07/11/2015 at 5:08 pm

Hi all @ Will Expert
I am one of four brothers and when our last remaining parent passed away, the estate was left to two of the brothers only. I recently heard that, even though a will was written and one of the brothers given the position of executor; there was still a possible claim to the estate from the other family members, even though they were not mentioned in the will. Is this true? Thanks for your time in advance.

Denis 22/10/2015 at 6:55 pm

My brother passed away recently, I flew back to UK to register his death and arrange the funeral. I subsequently found out that as his only direct relative ( as he never married nor had any children ) he did not leave me any part of the estate to me. He lived in the family home all his life upto him passing away, the house was signed over to him many years ago prior to my parents passing away, hence he lived free of charge in the house for over 60 yrs. he had a neighbour that regularly popped into see him and she was made an executor of his will along with the partner of my brothers solicitor. After being informed that my two daughters both married were mentioned in the will along with the executors ( neighbours ) children both still at school age hence the proceeds are to be divided between my two daughters and the executors 2 children, but nothing to me. He made a will out in hospital after he came out of a medical coma in ICU witnessed by the solicitor and one of the solicitors employers, my brother drank heavily and smoked very much hence he did not take care of himself and was constantly on liquid morphine as well as drinking whisky. Question can I contest the will as it was a family house and is being passed to strangers ie the executors 2 children as well as personal items of my parents in the house ie jewelry etc. can I claim also airfares for flying to UK for the registering of his death and expenses for staying in UK until the funeral was over.

TheWillExpert Editor 22/10/2015 at 1:54 pm

Are there any specifications in the Will about how the house should be sold etc? The charities concerned might simply be grateful for the legacy - and they'd receive it sooner rather than later if the sale was conducted promptly etc. Check with the probate solicitor.

Nc 21/10/2015 at 10:05 am

Our neighbour passed away last year and my father is the executor. He left the proceeds of the sale of his house to two charities. We are in the process of selling the property but are aware that several local builders are interested in the property. It has a large plot and all the neighbours are concerned that several houses will be built on the plot. One of our neighbours wants to buy the property to Iive in for ever. He is a local lad and our neighbour knew him well. We would like to sell it to him but he can only afford a certain amount, about 20k under the guide price. We are aware that executors have the final say but would there be repercussions from the charities?
There is no other offers at this point and certainly no guarantee that it would sell for the guide price anyway. The market is very poor in this area.

adams45 26/09/2015 at 11:17 pm

im executer of my nans will to be split between 4 grand children only 3 looked after her the 4 th hasent seen her for 15 years dident even bother to turn up for her funeral do i have to give her her share please advive.

adams45 26/09/2015 at 11:07 pm

im executer to my nans will which is left to 4 grand children one of which hasent been seen for 15 years did not even turn up for the funeral do i have rights to contest or hold back money as the rest of us nursed my nan antill she died.

Graham 23/09/2015 at 12:06 am

I live in Scotland and my sister was made executor to my late mother estate to which my brother and I are beneficiaries. It's become clear my sister has taken goods from the house. Tonight I realised the bed and all kitchen white goods were gone and she claims that she is helping clear the house. Also some more valuable antiques have gone. I don't find this acceptable and wonder what steps I should take? Thanks

TheWillExpert Editor 14/09/2015 at 2:11 pm

It's not really clear...is your mum a joint owner as well?

Georbie1980 13/09/2015 at 11:51 pm

Hi

I'm joint owner (tenant in common) with my dad he passed away recently.

My brother and sister are the e excutors of the will, which says if my mother out lives him by28 days everything goes to her.

I have few questions

1). Does my property have to go into probate?
2). Who should paymortgasge/council tax etc whilst they complete probate forms?
3). Whilst they do probate forms etc, can the house be rented?
4). After 28 days will it automatically be transferred into mums name?then can we rent?

Thanks

TheWillExpert Editor 08/09/2015 at 2:45 pm

Only the executors appointed in a will are entitled to see the will before probate is granted.

Swf2 07/09/2015 at 10:26 pm

My father has recently died and my brother claims that he has been appointed as executor. He has told me that my dad left a will with a solicitor but will not tell me which solicitor was appointed. He has told me that he feels it to be disrespectful to even have the will read yet. Do I have a right to know which solicitor holds the will and can I request a copy? No probate has been requested

TheWillExpert Editor 03/09/2015 at 12:02 pm

Usually a market value would be given on the property (sometimes 2 or 3 valuations to get a good idea of the market) and if the other beneficiaries were satisfied that you were paying the fair price it would be acceptable to simply transfer it. If there was a possibility that more could be raised by putting the property on the open market then of course, you'd have to abide by their wishes. Seek the advice of a solicitor if you are unsure.

TheWillExpert Editor 03/09/2015 at 11:29 am

If you're all in agreement that those were the wishes of your father, then you can step in as the second executor.

Bina 02/09/2015 at 8:40 pm

Can someone advise me if it is possible for me to purchase my late father's house without the executor selling it through an Estate Agent. My sister is the executor of my late father's will and he has given his 3 children a fixed amount and the residue (after all the taxes etc. are paid) of any real and personal property to myself. Both my sibling are not interested in buying the property and so I have asked if I could have the property transferred into my name to avoid additional estate costs etc. as long as I pay the fixed amounts gifted to my sibling and all the admin./taxes to her in advance. She has refused and said that she will sell the property with estate agent. The executor (my sibling) and I have not spoken to each other for almost ten years and although my father never trusted her, I was very surprised to learn that she was the sole executor. What can I do.

Elaine 02/09/2015 at 4:14 pm

Looking for some advice. My father passed away last year. He had a will which stated my brother and sister were executors and that I was to be the executor if anything prevented either of those from doing it. My brother has had a stroke in the meantime and has a brain injury. When my Dad took ill he verbally told us that I was to be the executor, followed by my sister and then my brother in that order. We were all present when he said that but we do not have it in writing. What's the best way of progressing this?
Thanks

TheWillExpert Editor 18/08/2015 at 11:17 am

This will depend on the nature of the ownership between them ie. Whether they were beneficial joint tentants (owners) or tenants (owners) in common. The most common form of ownership is as joint tenants - so when one joint owner dies, the property passes to the other joint owner automatically. This occurs without reference to anything indicated in the Will and the deceased joint owner (your father) would have had no control over what happened to his share of the property and could not give it to his children. If your father's partner gave her written consent to the original agreement this may of course be different.
The other way to jointly own a property is as tenants (owners) in common. In this case, one share of the property, does not automatically pass to the other joint owner but is part of the estate to be distributed under the terms of the Will. You will need to establish which type of ownership was held by your father and his partner. If your father's partner is incorrect and is refusing to move, then you will need to seek advice from a solicitor.

warly0 17/08/2015 at 3:23 pm

My father has recently passed away and as sole executor and daughter, I am administering his estate. He co owned 50/50 a mobile home with his partner and in his will he states they had a verbal agreement that because they jointly own it then whoever dies first can remain in the property until such time they wish to sell, then the 50% of my fathers estate to come to myself and my 2 sisters or if she went first 50% to her children. His partner is now saying that the home is automatically hers. She says because my father has gone it automatically goes to her and therefore she will and now has, changed the locks. The rules of the park state all owners must live in the property so we spoke to them and it was agreed she did not have to move, so she could have privacy it but we would not rent it out either. Can she take our fathers share if the property is in both names or do we ask her to buy us out or force her to sell? She currently is saying we have no monetary rights to it and refuses to discuss it. What can I do?

TheWillExpert Editor 31/07/2015 at 12:28 pm

@deelight. No you should wait until the grant of probate has been issued.

deelight 29/07/2015 at 4:07 pm

hi there, my father passed away recently, and I being the executor is dealing with his estate, although I have enlisted the help of the solicitors holding his will...in his will, he has left a cash gift to my late brothers partner and 2 sons, and after everything that's been paid, the rest of his estate comes to me, my dad inherited a bungalow with his brother and now my dad passed his half comes to me...I told my uncle to either buy me out or we can sell it, having spoken to my cousin today he suggested that my uncle buy me out.....can I let him do this before probate is sorted??

TheWillExpert Editor 27/07/2015 at 1:48 pm

@Norman. As an executor you should be able to access the details of the estate and see what's been done. Can you contact her solicitor directly?

Norman 25/07/2015 at 10:55 am

I recently lost my Father and both my sister and I are executors of his will. There is a very little communication between us, and she has signed up a solicitor (with the power of attorney over the estate) who I reluctantly agreed to with some reservations. I am not happy about progress as I have had no contact from the selected solicitor nor my sister as to what is happening since signing nearly 2 weeks ago. Can I chose to have my own solicitor represent me, i.e. there are two solicitors involved, and can the expenses for both be claimed from the estate?

mike 21/07/2015 at 7:57 pm

My late fathers will states that my stepmother is allowed to live in the home he purchased until her death, or, if she had to move for any reason then the property had to be sold and split between, myself, my brother and her three children.
We have learnt today that her son who is an executor of the will is selling the property to fund her going into a care home and we are to get non of the proceeds which is going against my late fathers wishes.
Is he breaking the law by going against what is in my fathers will, I understood that the executor of the will has to abide by the deceased wishes.
Can he sell the property on my stepmothers behalf when it is not hers to sell.

TheWillExpert Editor 16/06/2015 at 12:46 pm

@Brown123456. If they relate to the adminstration of the estate, you should be entitled to copies. You may have to pay a fee for this.

Brown123456 11/06/2015 at 4:48 pm

As executor of my late father's will, am I entitled to receive copies of letters held by the local council relating to my father's property

TheWillExpert Editor 01/06/2015 at 10:37 am

@tanni. You should seek legal advice on this, assuming you have a solicitor dealing with the Will he/she should be able to help.

tanni 29/05/2015 at 8:10 am

My father recently passed away leaving a will stating my sister and myself are to get a 50% share of the house each and a sum of money and some assets to my brother. At the time of his death, my brother was the only person in possession of a key to my dad's house as i believe he was unofficially living with my father. He has absolutely wrecked the house and now has begun taking items from the property which realistically, we will find hard to prove. Out of kindness, my sister and i have agreed to give him 3 weeks to remove himself and find alternative acomodation. My sister is seriously ill so she has instructed me to travel to the property and find my dad's paperwork (gone missing since his death) and to get keys cut for the property (my brother has changed the locks). My brother is now refusing to allow us entry and avoiding all contact. Legally, how do i gain access to the property?

TheWillExpert 14/05/2015 at 1:37 pm

@Polly. Do you mean residuary estate? This the term that refers to the remainder of the estate after specific gifts, debts, legacies, tax and administration expenses have been deducted. 2. The executor should ensure the probate procedure is complete before giving or selling items (unless they are to pay off any debts) 3. You should ask to see the Will to see if there are any more specific instructions. You can then ask a solicitor for further advice if necessary.

Polly 10/05/2015 at 3:06 pm

I am a 50% beneficiary of the residual estate of my aunt's will - the other 50% going to the executor (her close friend)
1. Does residual estate include house contents ?
2.Can the executor sell /give/promise items without informing me.?
3.Does the executor have sole responsibility to sell items e.g. a car ? Would I be able to pay her half of the value to purchase it? (if she didn't want the car)
I feel there is little communication between us & cannot understand why.

Funnyface 29/04/2015 at 11:35 am

When My niece is 25 she will inherit from my Mothers will. Can I buy her a house with the money til then?

TheWillExpert Editor 15/04/2015 at 9:33 am

@Dory - Did you mother not have life insurance to cover the mortgage on death?

Dory 13/04/2015 at 10:14 am

My mother died leaving an outstanding mortgage which i have continued to pay... The lender lead me to believe i could inherit the mortgage however this is now not so. I received a letter from them telling me it is now a closed book and i would need to remortgage and yet there calculation for what is owed is up until January 2015 and yet i have continued payments to date so where is that money going ?? also i am not in a position to take out a mortgage, I gave up work to care for my mother during her long illness as it was 24 hour care... I see a solicitor this week but i am so angry that the lender lead me to believe all would be ok. I live in the property and yet it looks like my only option is to sell yet there is hardly any equity.

TheWillExpert Editor 13/04/2015 at 10:59 am

@SEG. It would be much simpler and less likely to end in dispute, if your mother were to rewrite her Will.

SEG 09/04/2015 at 8:57 pm

Thanks for your reply Will Expert , My Mum has already written a will leaving it all to my big brother, and has verbally specified to my brother that the house has to be shared 3 ways but I said to my mum she should have stated this in her will and she said I trust him to do what I have asked. Any help here please. SEG

TheWillExpert Editor 08/04/2015 at 10:34 am

@Mike. Did her sister receive her share of the inheritance before she died herself? If so, then her estate goes to whoever was named in the will. Your solicitor is the best person to ask about this.

Mike 05/04/2015 at 8:13 am

My mother has left all of her assets to her nine children my sister has recently died d
Does her spouse have any entiledment to my sister's share

TheWillExpert Editor 02/04/2015 at 2:29 pm

@jessica12. No it will not necessarily pass to your step dad. Your solicitor is the best person to answer this question.

Jessica12 31/03/2015 at 6:24 pm

My mum recently passed away unexpectedly. My grandad (her dad) is very poorly and my mum and her 2 sisters are executors to his wil. His will States his estate is to be split between the 3 of them with a gift to each grandchild. What will happen to my mums share now that she has passed away? My mum has been survived by my stepdad so will her share ho to him?

TheWillExpert Editor 17/03/2015 at 12:31 pm

@Milly. Do put all your thoughts in a letter to both your step dad and your half sister, stating the reasons for your request. They'd have to be quite heartless not to grant this. If you would like old photos etc, then ask if you can get copies of any that they have. To see the will you try and find the issuing solicitor. If you were named in the will they will be able to give you any information etc.

MILLY 14/03/2015 at 6:22 pm

I lost my mum June 2013 to lung cancer. Mum remarried when I was 14 and had a baby girl, who is now in her middle 30's. The man mum married never adopted me as I was getting married myself and my name would be changed again. I was brought up by my mum in a council house (I am now 52), but this was bought by her husband (mum was still happy to rent, but he wanted to buy), and it is in his name only. We all got along fine until the day of the funeral. It was not about money or anything like that. It was about who should sit in what car. That got sorted out there and then, but until this day he or my legal half sister have had nothing to do with me and it hurts real bad. I saw my sister born. He gave me away when I got married. Mum said I could the cabinet which belonged to my nan, I used to play shops with ornaments in it when I was a child at my nan and gramps. There are also some photos of me with my nan and my mum when I was small. That is all I would like and to visit my home (although it is not any more) for just one last time (I live in the same village and can see my "home" from where I live. I think that he and my sister were executors althought can not be certain. Is there any way I can see the will. Also, would I have to ask him if I could just walk round the garden I used to play in ? He seems to have forgotten all the years we all spent together (he does have all his facilties). It is though he put up with me because of my mum. He is not an easy person to rationalise with. Please, please can you help me with some advice. I do not know what to do.

TheWillExpert Editor 06/03/2015 at 2:44 pm

@Nomad. Usually the executors will tell you if you've been left something (though they do not have to). Once probate has been granted you will be able to get a copy of the will from the Probate Registry.

Nomad 04/03/2015 at 2:34 pm

I have been 'mentioned' in my late uncle's will but have not been informed what was in the will. Can I request a copy of the will and the details of my inheritance from the executor as it is now more than three months?

TheWillExpert Editor 24/02/2015 at 12:53 pm

@Seg. There's a great deal of information to take in here. You should try and get a written will created and soon. These verbal instructions have already started to cause bad feeling - this will surely get worse in the event of your mother passing away.

SEG 22/02/2015 at 8:34 am

I forgot to say my brother has already borrowed £8000,00 Pounds from her £6000,00 for a holiday and appox £2000,00 more on top and has not tried to pay any of it back to her, I honestly think she is being taken a loan of by her Power of Attorney.

SEG 22/02/2015 at 8:20 am

My mum has just told me she has left a will and in the will she has left my brother her house which at the moment she rents out, as she stays with my brother in a different town 80 odd miles from us, so we don't see very much of her, she said she has left verbal instructions with him of how he should share the house with myself and my brother as she trusts him to do this, he has to get half of the proceeds of the house and my brother and myself are to share the other half, as he looks after her it is only fair and we are happy with this apart from I don't think he will do what she wishes as he has cut off nearly all ties with myself and my brother. He has Power of Attorney over her and she pays £1200.00 a month to stay there, which includes the £600 she get for her house and £600 of her pension. My brother and his wife stay in a rented house for which they pay approx £900 rent, they have there own house bought and paid for and its sitting empty or so they have told my mum, when she was in hospital for approx 5 months he did not tell the DSS she was in hospital and we told him that he had to tell the DSS as she was not entitled to this money and all he said was I will pay it back if they find out my mum was in a coma so did not know what was happening, he was renting out her house and getting the money put into his bank while my mum still gets Benefits and has not got landlords insurance either. Can someone advise me what to do as I am sure he abusing his Power of Attorney. My Mum sits in her own living room and the only people she sees in a day are her carers and my brothers wife brings in her diner to her, not much caring going on there from my brother who is out at work until 10pm most nights. ......HELP PLEASE my mum is 85 next month

TheWillExpert Editor 12/02/2015 at 2:27 pm

@Jane. No if you want to take your executorship back you should speak to the solicitor dealing with the will as soon as possible.

Jane 10/02/2015 at 8:51 am

I and my 2 sibs are executors of our late father's will. For practical purposes only one executor is dealing with probate whilst I and and the other executor have reserved power. I intend to sue the nursing home on behalf of our father who died after an accident. How do I take up the executor power again? (NB I did not reject the role of executor) Would it be best to wait until probate is over? The three sibs are distant and estranged and I hesitate as the youngest executor because I have had experience of the unfairness of birth order and I would not want to provide an opportunity to the two older executors to take over and put me on the sidelines.

TheWillExpert Editor 10/02/2015 at 10:00 am

@mike unfortunately we do not have any sample letters on this site...although it would be useful for us to do so (we'll consider this for the future). Looking around these seem hard to find, so you may have to contact a solicitor.

mike 05/02/2015 at 5:11 pm

I am executor for my late uncle. Where can I get a sample letter for Executors release/indemnity on future claims.

TheWillExpert Editor 26/01/2015 at 12:25 pm

@Jul - you may need to find alternative legal representation - someone who can force this solicitor and the other executors to communicate.

jul 22/01/2015 at 5:59 pm

I had to involve the police, because of threats towards me, so police told me no contact only through solicitor, and ive done this and left messages and still no reply from the solicitor.

TheWillExpert Editor 20/01/2015 at 10:50 am

@jul. This doesn't seem right. You need to be in contact with other executors in order to 'execute' a will. Is there some reason why you are not allowed contact with the other executor? Eg. Is a restraining order or injunction in place? You should seek alternative legal advice to help you with this problem.

jul 16/01/2015 at 3:18 pm

I am a Executor of a will and im not aloud any contact with the other Execoutor and I do not have any paper work to say that im execoutor of the will, Ive asked for a copy off this paper w ork and no contact has been made by the solicitor when ive asked to be called back.

lolly 27/12/2014 at 10:35 pm

my dad died in aug he left a lot of money and a property which is know up for sale solicitor as gone for probate does the house have to sell before she can release the money in his estate there is nothing owing on anything and its a very simple will thanks

james 23/12/2014 at 1:12 pm

Can I sue the executor for not allowing me to see the accounts of my late mothers estatefrom beginning to present!!
(i being made residuary beneficiary and concerned as I knew the scumbags were up to no good
.to cut it short my mums brother and another family member ripped me and my children off as they got my mum to change will a month before she sadly passed and also used third parties to cover their tracks
.leaving a fraction of true entitlement.I'm not able to prove that there was fraud,given passage of time.also my 4 children have 20k each stated in the 2nd will.am I entitled to see as I think executor is using it,thanks

val 13/12/2014 at 4:15 pm

Can an individual named as Executor in a family will which has not been settled, act as Executor for a will made by another member of the same family, in effect acting as Executor for two wills simultaneously.

TheWillExpert Editor 15/10/2014 at 11:29 am

@vennie. What problem is the trailer causing? If she is required to live at the property to care for the son, then she should be able to treat it as she wishes?

vennie 14/10/2014 at 6:29 pm

I am executor over my sister's estate. She left my sister in charge of her 19 year old son that is Autistic. She is required to live at the house that he lives in and has since put a trailer on the property. Can I legally tell her to remove it. What can I legally do?

cher 24/09/2014 at 5:33 pm

My Husband's Mom died in Nov. 2013. In her will it stated that my sister in law was the first executor. My sister in law has passed since. My husband is listed as the second executor of the will. Does my sister in laws husband have to turn over all my mother in laws bank accounts, check book and her wills? Does my sister in laws husband have any right to keep all these things/ We do not know what has been paid for my mother in law and what is still owed on any bills. Thank you

KevinM 17/09/2014 at 10:43 pm

My wife is one of three sisters, and her Mum died recently. Her older sister is named as Executor in the will and all three sisters are residuary beneficiaries, but there is not much money, and it is in a joint account, and Probate is not required. Does her sister have the power to distribute the estate without probate being granted, or does it require the agreement of all three sisters?

Cora lee Editor 16/09/2014 at 2:00 pm

@Charlie. What a sad situation for you to be in. Have you been to see the solicitor that held the will and asked to see it? It may contain something specific which has not been fulfilled by the executors. We appreciate you do not want to see your step father but could you try writing a letter explaining about the things you would like to keep and why? It's worth a try - to appeal to his better nature and you may find it starts to break down barriers a little.

Charlie 13/09/2014 at 8:57 pm

Please can you help/advise me. My mum went to sleep last June,2013. Mum had lung cancer. My Mum's husband and my stepsister are executors. At the funeral they completely ignored me, even when the vicar said her piece about comforting the family and named their names, I wish I had died too. The vicar did not even know I existed until told by a cousin of mine. All was well with us and had been for 35 odd years but somehow, somewhere I do not know, something went so wrong and until this day and I guess for the rest of my days I will never ever know. They have not contacted me (I live less that 0.5 of a mile from the house where I was born 53 years ago). Mum brought me up on her own and, when my nan died Mum was left a cabinet (my gramp put a letter inside to say Mum was to have it ) with some bits & pieces in which I used to play with when I was a small child. Mum always said that I could have it if anything happened. It is not worth any value just memories, very special memories only I, my Mum would remember. There are also some photos of me when I was at school and some of me with my nan. These are all I would like. They are so special to me nobody else. I do not visit my home anymore because I know how Mum's husband has changed. He may have even burnt them, I do not know. I am too afraid to ask. They seem to have disowned me since my Mum. I kept my first surname until I married, he never adopted me. Since my Mum left, I have lost my uncle within 5 months of that day, my aunt almost to the year and on top of that the sister who I saw mum give birth to and loved (still do), got married beginning of July this year. I was never told. Sorry for rambling just trying to give you a picture. I would like to know what I can do as they were made executors. How do I find out if the things I mentioned where left for me. I do not know if my Mum may have entrusted her husband to carry out what she wanted. It seems as if I died to in their eyes and I honestly thought we would all be closer after losing our Mum. Please help if you are able to. Many thanks.

TheWillExpert Editor 01/09/2014 at 2:33 pm

@linds. You will be able to see details of the will and documentation on the way things have been split. A solicitor will no doubt be overseeing the process too.

linds 30/08/2014 at 3:21 pm

I am a 1/3 beneficiary of my step father's will along with his son and his daughter who also have a 1/3 share each. They are also executors and for a number of reasons I do not feel that they will give me a full 1/3 share as they have never accepted me as a step brother. Is there anything I can do to make sure his wishes are carried out.

Deb 10/07/2014 at 5:20 pm

I am the executor of my late mothers will . I wish to appointa family member to take over the deeds to her burial plot . I know that I need the original grant of probate , but who do I contact to get the deeds changed ?

oby 1 08/06/2014 at 12:21 pm

my mum has died and my sister is executor of the will am i allowed being 1 of the main beneficeries can i ask my mums bank 4 her statements up till when she past over there was no power of attorney or anything like that in place before my mums passing thnk you

Big G 17/10/2013 at 4:36 pm

My wifes Aunt died in JAnuary, she and her sisters are the main beneficiarys, Probate has been granted. The aunts brothers adopted daughters have told the executer that they may challenge the will on their fathers behalf, its been 5 months now and they still haven't issued challenge, meanwhile my wife hasn't been paid her inheritace, is this right and how long do these people have to come up with a challenge?

stu 20/02/2013 at 8:09 pm

my wife is the sole benificiary of her late aunts estate and will assume sole controll of estate in 15 months now the executors are threatening to evict her from the home her aunt left her as part of the estate she has resided at this residence for aprox 25 years do they have the right to do this as she is supposed to be supplied with a residence until she assumes controll of estate

chinadoll 16/12/2012 at 7:14 pm

my mum and brother have been left as executors of my brothers will,or so he says,bless him,only diagonised with cancer 4months ago and failinf fast,they are not sure if they are as they havent signed anything to say they would be,could someone shed some light on this ,many thanks

lesso 04/12/2012 at 7:34 pm

i am the main beneficary of my grandads will but his brother is the executor and i am unaware of how much money my grandad had in his accounts, i do not trust the exector at all for different reasons.would he be able to cheat me of anything my grandad wanted me to have ?

Maz 14/08/2012 at 6:54 pm

Do the beneficiaries have the right of see the bank statements for the executors account

norma 16/07/2012 at 12:05 pm

I am the exector and sole benificiary on my aunt's estate . She died on 26 April this year. I informed all goverment bodies - DWP etc.,of her death a week later and applied for grant of probate (the estate is worth £45,000.00). I have paid out for the funeral and burial costs and payed all outstanding debt I was awared of.I then gifted some of the money left from the estate to other family members I thought were deserving of something from aunties estate.Since then and just recently,the DWP has written to me to tell me there might be some outstanding debt owed to them by my late aunt and that they have a potential and priority claim of the estate.

If some of this money has been spent what happens next? I presume I am responsible for any outstanding debt even though I wasn't aware of it and gift the money in good faith. I am 57 and not currently working ,so will I have to sell my house that a own with my husband - I have no savings to re-emburse the DWP or will I be able to come to some arrangement to make a monthly payment

Maggie 10/07/2012 at 3:37 pm

Hello,
My brother and I paid jointly for our late father's burial plot in 2008. In April this year, my brother died and the deed of burial is now owned by his wife, his next of kin. This is because my brother only put his own name on the deed, and not mine. I have asked my sister-in-law if she would add my name to the deed, thus giving me joint ownership, but she has refused. My brother's will requires probate. Can the executor of said will reimburse me the monies I paid towards the deed of burial, if I provide proof of same?

smithy 27/06/2012 at 1:02 pm

My grandfather has left a will leaving his half of the house in trust until the death of my grandmother. As executor how do I administer the trust? Does it have to be registered anywhere?

Chris 09/06/2012 at 6:07 am

I understand that the executor of the will has a legal duty to prepare financial accounts for the deceased's estate. Do family members of the deceased have a right to see these accounts?

shaz 03/04/2011 at 3:38 pm

I am the executor of my mother's estate, who died. My sibling has agreed and signed the form for me to be the executor? Do I have the rights to deal with selling the property as I am the Executor?

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