WILL EXECUTORS QUESTION
Discussion
I am an executor/trustee to a will.
There are 9 equal beneficiary's to the will myself not being one of them.
I have a letter from the solicitor saying that none of the beneficiary's are allowed in the property without me being present at all times. This has proved to be a bit of a pain as I live 200mls from the property all the beneficiary's live fairly local. I have given a set of keys to one of the beneficiary's that is 100% trustworthy. However one of the other beneficiary's (who I consider not very trustworthy) has found out and has asked for a set of keys or will report me to the solicitor.
My questions are, have I broken the law by giving a set of keys to a beneficiary?
Also is it against the law for a beneficiary to enter the property without me being present?
The will is very simple with everything to be sold and divided equally 9 ways, other than funeral arrangements there are no other requests in the will.
There are 9 equal beneficiary's to the will myself not being one of them.
I have a letter from the solicitor saying that none of the beneficiary's are allowed in the property without me being present at all times. This has proved to be a bit of a pain as I live 200mls from the property all the beneficiary's live fairly local. I have given a set of keys to one of the beneficiary's that is 100% trustworthy. However one of the other beneficiary's (who I consider not very trustworthy) has found out and has asked for a set of keys or will report me to the solicitor.
My questions are, have I broken the law by giving a set of keys to a beneficiary?
Also is it against the law for a beneficiary to enter the property without me being present?
The will is very simple with everything to be sold and divided equally 9 ways, other than funeral arrangements there are no other requests in the will.
markymarkthree said:
Thanks for your reply.
One of the reasons I have left a key with X is for her to let the a local charity remove items that all beneficiary's are happy to go to that particular charity. Also for X to keep on top of the garden as it is a very busy and beautiful garden.
Is there someone local to the house who you trust that isn't a beneficiary? One of the reasons I have left a key with X is for her to let the a local charity remove items that all beneficiary's are happy to go to that particular charity. Also for X to keep on top of the garden as it is a very busy and beautiful garden.
Not a lawyer, but surely that covers the base of 'beneficiary's not allowed in the house without you there'.
You're the executor so, until the estate is distributed, your job is to hold the assets.....if one of them is a house that needs looking in on, you can sort that using yourself.....hire a gardener.....ask a friendly beneficiary (or anyone else you trust). The other beneficires getting in a strop can jog on.
If it was a bank account you were in charge of, they wouldn't want debit cards so they could keep an eye on the account!
If it was a bank account you were in charge of, they wouldn't want debit cards so they could keep an eye on the account!
Is there anyone, not a beneficiary, locally who could act as your agent, to be there if the premises is accessed? Any charge to be paid for by the particular individual concerned when it comes to divi up of course.
Best of luck with the role. If I can offer a bit of advice: I've done it a few times, every time to someone I regarded as a friend, and it felt good to render a last service so to speak. It also helped with the loss, a sort of long goodbye.
The other thing I learned was that others were as upset as I was, some more so, at their loss and anger and unreasonable behaviour can result. On the other hand, a few are vultures, but without the good looks. Keep a record of everything you do, every penny you spend. I produced a ledger at the end of the process and gave a copy to everyone involved. Or rather offered. I was genuinely moved by how many refused, saying they didn't need to see it.
I learnt a lot about the life of the deceased each time. It was, without a doubt, a rewarding experience. The bereaved love to talk. You also learn a lot about those who profess to have been a friend.
I've even had an ex wife refuse anything, suggesting that she had not been a good enough friend.
Best of luck with the role. If I can offer a bit of advice: I've done it a few times, every time to someone I regarded as a friend, and it felt good to render a last service so to speak. It also helped with the loss, a sort of long goodbye.
The other thing I learned was that others were as upset as I was, some more so, at their loss and anger and unreasonable behaviour can result. On the other hand, a few are vultures, but without the good looks. Keep a record of everything you do, every penny you spend. I produced a ledger at the end of the process and gave a copy to everyone involved. Or rather offered. I was genuinely moved by how many refused, saying they didn't need to see it.
I learnt a lot about the life of the deceased each time. It was, without a doubt, a rewarding experience. The bereaved love to talk. You also learn a lot about those who profess to have been a friend.
I've even had an ex wife refuse anything, suggesting that she had not been a good enough friend.
Thanks for more reply's folks.
To gain access to the garden you have to go through the house, so I don't wish to employ a gardener .
There is no one local that I know other than the beneficiary's.
All I want to know really is am I breaking any laws by allowing in my opinion a trusted beneficiary to hold keys and to enter the property without me being there?
To gain access to the garden you have to go through the house, so I don't wish to employ a gardener .
There is no one local that I know other than the beneficiary's.
All I want to know really is am I breaking any laws by allowing in my opinion a trusted beneficiary to hold keys and to enter the property without me being there?
markymarkthree said:
Thanks for more reply's folks.
To gain access to the garden you have to go through the house, so I don't wish to employ a gardener .
There is no one local that I know other than the beneficiary's.
All I want to know really is am I breaking any laws by allowing in my opinion a trusted beneficiary to hold keys and to enter the property without me being there?
no you are not. The sol is not correct - what they perhaps should have said is that you are be responsible for the safe keeping of the assets and if things go missing while you are the custodian/guardian of the assets then you may be held accountable if you were negligent in giving access to other people.To gain access to the garden you have to go through the house, so I don't wish to employ a gardener .
There is no one local that I know other than the beneficiary's.
All I want to know really is am I breaking any laws by allowing in my opinion a trusted beneficiary to hold keys and to enter the property without me being there?
mikal83 said:
As the exec, your job is to carry out the "will" of the deceased. Does it say that none of the bennies are to get access to the prop? If not, then use your discretion.
No it says nothing like that whatsoever, its a very simple will, just says about being divided equally between 9 people and the funeral arrangements.However some of the beneficiary's can be a pain and they don't all get on with each other.
markymarkthree said:
mikal83 said:
As the exec, your job is to carry out the "will" of the deceased. Does it say that none of the bennies are to get access to the prop? If not, then use your discretion.
No it says nothing like that whatsoever, its a very simple will, just says about being divided equally between 9 people and the funeral arrangements.However some of the beneficiary's can be a pain and they don't all get on with each other.
markymarkthree said:
TooMany2cvs said:
So, since you're the executor, this is a solicitor you've hired? If not, who has?
This is the solicitor that drew up the will with my late friend, so I have stuck with her as i guess my friend was happy with her.Since you hired this one to assist you, you can choose to take their advice or not. Or, now that probate's out the way, you can choose to continue to use their services or not.
If there's the risk of accusations that one beneficiary has stolen items from the house, then you may be well advised not to give keys out. But - that apart...
markymarkthree said:
I am an executor/trustee to a will.
There are 9 equal beneficiary's to the will myself not being one of them.
I have a letter from the solicitor saying that none of the beneficiary's are allowed in the property without me being present at all times. This has proved to be a bit of a pain as I live 200mls from the property all the beneficiary's live fairly local. I have given a set of keys to one of the beneficiary's that is 100% trustworthy. However one of the other beneficiary's (who I consider not very trustworthy) has found out and has asked for a set of keys or will report me to the solicitor.
My questions are, have I broken the law by giving a set of keys to a beneficiary?
Also is it against the law for a beneficiary to enter the property without me being present?
The will is very simple with everything to be sold and divided equally 9 ways, other than funeral arrangements there are no other requests in the will.
As the executor of the Will it is at your discretion who enters the property unless it is in the Will saying otherwise. By giving keys you effectively allowed entry to the property.There are 9 equal beneficiary's to the will myself not being one of them.
I have a letter from the solicitor saying that none of the beneficiary's are allowed in the property without me being present at all times. This has proved to be a bit of a pain as I live 200mls from the property all the beneficiary's live fairly local. I have given a set of keys to one of the beneficiary's that is 100% trustworthy. However one of the other beneficiary's (who I consider not very trustworthy) has found out and has asked for a set of keys or will report me to the solicitor.
My questions are, have I broken the law by giving a set of keys to a beneficiary?
Also is it against the law for a beneficiary to enter the property without me being present?
The will is very simple with everything to be sold and divided equally 9 ways, other than funeral arrangements there are no other requests in the will.
If probate has been granted this is less of an issue if things that "should" have been part of the estate go missing and so avoid the dreaded ££ Inheritance Tax figure.
With regards to the keys; in IMHO (if there are possessions in the property) you as the Executor have acted irresponsibly and have been seen to have been impartial and favour one of the beneficiary's over the others. I would take back that set of keys at the earliest opportunity.
The only other solution is to give a set of keys to all the others and let them get on with it. You are looking after the interests of all involved and you have "possibly" created a situation where one beneficiary can "remove" goods without your express permission or the knowledge of others. Trust is not important in this situation you have to do, and be seen to do, the right thing by all. Things will go missing left, right and centre when you do this!!!
Solicitors letter I would regard as a shot across the bow and hope to hell that the person you trusted has not removed anything from the estate without your express permission; even then, all the other beneficiary's should also be in agreement.
If it was me now, i'd do the following:
Get the keys back from the beneficiary without delay
Confirm in writing nothing has been removed
Confirm by email/letter to all that no further access will be granted unless all present/in agreement with the terms of entry.
If above needed, confirm again by email/letter a date that works for all; inc. you.
Confirm by letter/email to Solicitor that you have the keys back and no further access to the property in question will be granted apart from on the above terms.
Get the keys back ASAP and trust no one 100% when money/goods are present and everyone thinks they have a right to take it/them..!!
Edited by 7795 on Wednesday 17th May 14:10
If you fully trust the person you have given the keys to then there should be no problem.
Solicitors are, by nature, cautious people and for all she knows the house could be furnished with fine antiques and old masters, so is just wanting to protect valuables in the house. To be frank I'd have removed anything of any great value straight away. Most household furnishings etc are worth very little on the second-hand market and as you have already said you are getting a charity to pick some items up.
As executor though you could be held liable if valuable items go astray, but you are not breaking the law ignoring a solicitor's advice.
Solicitors are, by nature, cautious people and for all she knows the house could be furnished with fine antiques and old masters, so is just wanting to protect valuables in the house. To be frank I'd have removed anything of any great value straight away. Most household furnishings etc are worth very little on the second-hand market and as you have already said you are getting a charity to pick some items up.
As executor though you could be held liable if valuable items go astray, but you are not breaking the law ignoring a solicitor's advice.
TooMany2cvs said:
markymarkthree said:
TooMany2cvs said:
So, since you're the executor, this is a solicitor you've hired? If not, who has?
This is the solicitor that drew up the will with my late friend, so I have stuck with her as i guess my friend was happy with her.Since you hired this one to assist you, you can choose to take their advice or not. Or, now that probate's out the way, you can choose to continue to use their services or not.
If there's the risk of accusations that one beneficiary has stolen items from the house, then you may be well advised not to give keys out. But - that apart...
The solicitor will charge a hefty fee anyway.
Sheepshanks said:
It seems a bit strange to be the Executor, do all the donkey work, and hire a solicitor as well. You might as well just leave the solicitor to get on with it, especially as you're remote, and even more so if some of the beneficiaries are a bit iffy.
The solicitor will charge a hefty fee anyway.
This.. The solicitor will charge a hefty fee anyway.
Or tell the beneficiaries that they either agree to go in pairs, supervise decorators etc or you'll use solicitors and that they will be paying for (or rather the estate will before it's shared out.. amounts to the same thing).
At the end if the day, it's your job to ensure the estate, less reasonable costs, is divided in accordance to the will, it's not to maximise its value or leave yourself in a compromising position. Why even decorate?
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