Trying to find out who executor is...
Discussion
Hi all, long story cut short;
My grandad passed away on Friday but due to a number of family arguments nobody was/is particularly close and everybody is in the dark. We know there is a will, and due to his religious background, this will probably contain any plans he wanted/has in place for his funeral. His daughter has spoke to the solicitor (local solicitor so process of elimination to find out who is was) who has advised they cannot advise her who the executor is, or indeed give her any information at all; we are obviously taking this to mean that it's not the daughter who is the executor and the only other two possibilities as to who it could be have seemingly fallen at the same hurdle. Is there anyway at all that we can get any further info from the solicitor, or does anybody have any advise?
Thanks.
My grandad passed away on Friday but due to a number of family arguments nobody was/is particularly close and everybody is in the dark. We know there is a will, and due to his religious background, this will probably contain any plans he wanted/has in place for his funeral. His daughter has spoke to the solicitor (local solicitor so process of elimination to find out who is was) who has advised they cannot advise her who the executor is, or indeed give her any information at all; we are obviously taking this to mean that it's not the daughter who is the executor and the only other two possibilities as to who it could be have seemingly fallen at the same hurdle. Is there anyway at all that we can get any further info from the solicitor, or does anybody have any advise?
Thanks.
elanfan said:
How do you 'know' there's a will - surely that's the starting point.
Bite the bullet and ring around the family?
There has always been a will/declaration of wishes in the past but nobody knows the details. There are only 3 people in the family/friends that it could be really and they are all as in the dark as each other. Unfortunately there isn't an 'important box' or similar in the house with a copy of it or details of any wishes relating to funerals etc. The only concern at the moment is trying to organise the funeral but adhering to his wishes at the same time. Bite the bullet and ring around the family?
There is a big difference between phoning up and saying a person has died and asking for details (which they will rightly be wary of) and providing the confirmation.
If there are only three people it could be, then it would seem to make sense for the three to attend with the original death certificate.
If there are only three people it could be, then it would seem to make sense for the three to attend with the original death certificate.
chml said:
dave87 said:
Does the local solicitor know the person in question has passed away, and if so, have they seen proof (i.e. the death certificate)?
Death certificate is being obtained tomorrow. Would that be enough for them to release details to the family?That makes sense guys. Thank you. Logistics would make it difficult for the three to attend at the same time... family feud and also one of them in is Scotland and the solicitor is in Manchester but I'm sssuming now that if one of them went with ID and the death certificate the gbr solicitor would be a bit more receptive?
chml said:
That makes sense guys. Thank you. Logistics would make it difficult for the three to attend at the same time... family feud and also one of them in is Scotland and the solicitor is in Manchester but I'm sssuming now that if one of them went with ID and the death certificate the gbr solicitor would be a bit more receptive?
Not 100% sure but he may only give, or discuss, will with an executor....could be wrong though.Surely when the daughter and the other possible contenders spoke to the solicitor he couldn't divulge anything on the phone but if they were the executor named in the will they wouild have asked them to bring some ID and a copy of the death certificate so he could
give them the will . Perhaps the solicitor is the executor?
give them the will . Perhaps the solicitor is the executor?
konark said:
Perhaps the solicitor is the executor?
This wouldn't surprise me at all. Many older people do this either because they think it is necessary/desirable to only have a professional handle matters or to avoid family squabbles (as the OP's post illustrates: maybe the grandfather knew his descendants only too well).It also would explain why the solicitor blanked the daughter. If she (and any of the others) are not named as executors it's none of their business. Nor is an executor required to keep benificaries informed; just to ensure the correct distribution of the estate. In other words if you are are beneficiary you'll get to find out, as Sir Humphrey Appleby would say: "at the appropriate juncture: in the fullness of time."
Red Devil said:
konark said:
Perhaps the solicitor is the executor?
This wouldn't surprise me at all. Many older people do this either because they think it is necessary/desirable to only have a professional handle matters or to avoid family squabbles (as the OP's post illustrates: maybe the grandfather knew his descendants only too well).It also would explain why the solicitor blanked the daughter. If she (and any of the others) are not named as executors it's none of their business. Nor is an executor required to keep benificaries informed; just to ensure the correct distribution of the estate. In other words if you are are beneficiary you'll get to find out, as Sir Humphrey Appleby would say: "at the appropriate juncture: in the fullness of time."
Good question.
Any funeral wishes specified are not legally binding as ultimately it is for your executors or administrators (where there are no executors) to decide upon how your body is disposed of and your funeral conducted. However, where a person’s wishes have been made clear they will normally be adhered to.
Where none have been put in writing in any way, whether in a will or a separate document (or both: see below), then it gets messy. If that is the case here (i.e. the wishes of the deceased cannot be proved) and the family start squabbling over it so that no consensus can be reached, the decision can, and quite likely will, be made by the solicitor if they are sole executor. The family members can whinge all they like. It will be a waste of breath.
The short answer to your question about an obligation is no. But where the deceased has expressed a wish it would be a particularly heartless individual who refused to communicate with the family in any way on such a sensitive issue. Social media can be a powerful tool for negative publicity (provided one tells the plain truth without embellishment).
I would always suggest only stating the type of funeral in a will (i.e. burial or cremation). Then either leave it to your heirs to make the arrangements or, if you have any specific desires* then put them in a separate document which can easily be found amonst your effects.
* Examples of the latter:
Where you would like to be buried;
Where you would like your ashes to be buried or scattered;
Who would you like to attend your funeral;
Whether you would like any readings or music at your funeral;
How much money you would like to be spent on your funeral;
Organ donation;
Where you would like your body to remain between your death and the funeral;
Whether you would like to be embalmed;
Who you would like to be responsible for arranging your funeral;
Your choice of undertaker;
What sort of coffin you would like;
Whether you would like flowers or donations to be made at your funeral;
Whether you would like your funeral to be treated as a celebration of your life or a more sombre affair to mark your passing.
Any funeral wishes specified are not legally binding as ultimately it is for your executors or administrators (where there are no executors) to decide upon how your body is disposed of and your funeral conducted. However, where a person’s wishes have been made clear they will normally be adhered to.
Where none have been put in writing in any way, whether in a will or a separate document (or both: see below), then it gets messy. If that is the case here (i.e. the wishes of the deceased cannot be proved) and the family start squabbling over it so that no consensus can be reached, the decision can, and quite likely will, be made by the solicitor if they are sole executor. The family members can whinge all they like. It will be a waste of breath.
The short answer to your question about an obligation is no. But where the deceased has expressed a wish it would be a particularly heartless individual who refused to communicate with the family in any way on such a sensitive issue. Social media can be a powerful tool for negative publicity (provided one tells the plain truth without embellishment).
I would always suggest only stating the type of funeral in a will (i.e. burial or cremation). Then either leave it to your heirs to make the arrangements or, if you have any specific desires* then put them in a separate document which can easily be found amonst your effects.
* Examples of the latter:
Where you would like to be buried;
Where you would like your ashes to be buried or scattered;
Who would you like to attend your funeral;
Whether you would like any readings or music at your funeral;
How much money you would like to be spent on your funeral;
Organ donation;
Where you would like your body to remain between your death and the funeral;
Whether you would like to be embalmed;
Who you would like to be responsible for arranging your funeral;
Your choice of undertaker;
What sort of coffin you would like;
Whether you would like flowers or donations to be made at your funeral;
Whether you would like your funeral to be treated as a celebration of your life or a more sombre affair to mark your passing.
Don't be too hard on the solicitors when you don't yet know the circumstances - their duty of confidentiality to their client continues after death and disclosing any content of the will without the consent of the executors would be a breach of the SRA code of conduct.
Of course, if they are the executors then they would be being unnecessarily obstructive not to tell you such things but it might be that they are currently trying to reach whoever it is. Somebody might want to ask them to push the disclosure of funeral wishes ahead of everything else though.
Of course, if they are the executors then they would be being unnecessarily obstructive not to tell you such things but it might be that they are currently trying to reach whoever it is. Somebody might want to ask them to push the disclosure of funeral wishes ahead of everything else though.
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