Executor of will / seeing the will
Discussion
My father recently passed away and he told me I was executor of his will. I dont know who his solicitor is but his wife of 3 years does but she not telling me. While I try and find who the solicitor is can she do stuff with my dads pension / finances etc? Also can there be more than one executor?
She could do some stuff like the .gov "tell us once" service, but for most financials they'll need certified copies of death certificate and will/codicils before they'll release any money, and if she's not named as an executor then she won't get very far unless she goes the "no will" route.
Sounds like you are going to do the hard yards and ring solicitors. I had some hassle with my father in laws - but they were happy to tell me over the phone whether they had a copy or not but would only release it to executor(s).
Sounds like you are going to do the hard yards and ring solicitors. I had some hassle with my father in laws - but they were happy to tell me over the phone whether they had a copy or not but would only release it to executor(s).
If you are the executor you have to be informed. If you are not, then you do not have to be told who the executor is.
There can be several executors. Quite often several are listed in case one chooses not to take on the role.
She can only do things with pension/savings/etc if she is listed as either executor or beneficiary (assuming probate has been granted if required)
There can be several executors. Quite often several are listed in case one chooses not to take on the role.
She can only do things with pension/savings/etc if she is listed as either executor or beneficiary (assuming probate has been granted if required)
boyse7en said:
If you are the executor you have to be informed. If you are not, then you do not have to be told who the executor is.
There can be several executors. Quite often several are listed in case one chooses not to take on the role.
She can only do things with pension/savings/etc if she is listed as either executor or beneficiary (assuming probate has been granted if required)
I thought you had to sign a doc to agree to be exec? I am on my MiLs estate & signed a doc saying so. There can be several executors. Quite often several are listed in case one chooses not to take on the role.
She can only do things with pension/savings/etc if she is listed as either executor or beneficiary (assuming probate has been granted if required)
toastyhamster said:
... but for most financials they'll need certified copies of death certificate and will/codicils before they'll release any money, and if she's not named as an executor then she won't get very far unless she goes the "no will" route.
That's assuming she's told them he's passed away....Sheepshanks said:
toastyhamster said:
... but for most financials they'll need certified copies of death certificate and will/codicils before they'll release any money, and if she's not named as an executor then she won't get very far unless she goes the "no will" route.
That's assuming she's told them he's passed away....I was co-executor, with one of my sisters, on my Mum’s will; neither of us signed anything.
My GF and two of my sisters are co-executors of my will; none of them signed anything.
I have been witness to a will being signed by the maker of the will and for that, I did have to sign to say I was a witness to their signature.
My GF and two of my sisters are co-executors of my will; none of them signed anything.
I have been witness to a will being signed by the maker of the will and for that, I did have to sign to say I was a witness to their signature.
Echo66 said:
I thought you had to sign a doc to agree to be exec? I am on my MiLs estate & signed a doc saying so.
No, you don't have to sign to agree to be an executor. You're appointed by the Will, and it's only if you don't want to act that you have to sign a form, called a renunciation.If you are happy to act as executor then you will have to sign an Inland Revenue Account and an application for probate form (or perhaps sign and swear an executor's oath if the probate's being handled by a solicitor).
Going back to the original question, if your father told you shortly before he died that you’re the executor then you probably are. But it’s an increasingly common problem that a Will can’t be found. This is partly because the concept of a `family solicitor’ has largely died out except amongst fairly wealthy people. Nowadays, people who want to make a Will tend, as with almost everything else, to go online and look for the cheapest.
If a Will is made in this way it may be virtually impossible to find out who made it, so that if the original goes missing and there is no copy it creates a huge problem.
Unfortunately, in a situation like this there’s always the possibility that the wife may well have found a Will, but that she doesn’t like what it says. For example, your father may have left her a life interest in his estate, so that she’s only entitled to the income, with the capital coming to you on her death, whereas if there was no Will at all she’d potentially inherit all his estate outright. She would therefore have a strong incentive to `lose’ the Will.
Unfortunately, there’s no legal requirement to register a Will. It’s technically possible to do so, but almost nobody does.
However, there’s a voluntary National Will Register, which is used by quite a few solicitors and will makers, and it would therefore definitely be worth making a search with them - https://www.nationalwillregister.co.uk/Default.asp...
OP very sorry to hear that. Sounds like he remarried recently, but you need to be absolutely sure the marriage is legally recognised. Did he have any children besides you? Is he in England (Scotland follows different rules)?
When did your late father tell you he made his will, appointing you as executor? Before or after he remarried? Unless a wiIl explicitly has a clause anticipating marriage, wills normally become null and void once a person who made one has married/remarried.
Could he have updated the will with a new one since remarrying, and not told you? Could someone have "leant" on him to favour themselves, perhaps if his memory wasn't what it used to be?
Was his wife legally married to him? If so, and if it turns out he never made a will/will has somehow got lost/will became revoked through remarriage etc, then the law is very prescriptive regarding intestacy (no will): widow takes everything from the first £250000 of the estate, and a half of everything else, the other half being shared across any surviving children (or if none, surviving grandchildren, siblings, parents etc - all spelt out in great detail what proportion and who gets what). If the will favours the spouse more than she would be through intestacy then it is in her interests to ensure it is followed, which means passing it pronto to the executor. Equally if better off through intestacy a malevolent individual might be tempted to conceal the will's existence.
Where there is a will, the estate cannot be administered until probate is granted at which point money will be paid to beneficiaries if anything is left after settlement of debts such as funeral expenses.
If he wasn't legally married and made no will than his "wife" gets nothing at all and everything goes to his children.
Hence if you believe you are the executor it is imperative to obtain the will as soon as possible. Interfering with a will in order to benefit from it/stop someone else from benefiting from it is a serious criminal offense.
Unfortunately there is requirement to register wills in a central database, though the organisation Certainty is effectively a private registry that most solicitors who have drawn up a will recently should be aware of. Whether you father would have chosen to register his will with it is anyone's guess, and registration is only voluntary anyway. If he made the will longer ago and before Certainty was set up, then unless he updated it after remarrying then it would no longer be valid and he would be considered intestate.
If a search of Certainty doesn't throw up any light, you can pay to have a search of all solicitors within a several mile radius of your father's last address or addresses; they will be written to and asked if they drew up the will and if they still hold it. Of course if he did a DIY will then it could be anywhere - some people keep their wills in a safe deposit box in the bank, accessible only to them. (Not very helpful once you are dead - the bank will only accept instruction from an executor if they are named in the will, but they can only prove they are named in the will by opening the safe box and showing the will, which of course they can't do....) You could also ask friends of your father's who might have been witnesses of the will in case they know (it has to be signed by witnesses).
This is one area of law where even if it seems expensive, you really need an experienced solicitor in probate and family issues from the start if things get difficult - best to look for one registered with the society of trusts and estates ("STEP solicitor"). Try to go alone and it will work out far more expensive ultimately if things become contentious.
That said I sincerely hope your stepmother is just recoiling from losing her husband and will be able to have a reasonable conversation with you shortly.
When did your late father tell you he made his will, appointing you as executor? Before or after he remarried? Unless a wiIl explicitly has a clause anticipating marriage, wills normally become null and void once a person who made one has married/remarried.
Could he have updated the will with a new one since remarrying, and not told you? Could someone have "leant" on him to favour themselves, perhaps if his memory wasn't what it used to be?
Was his wife legally married to him? If so, and if it turns out he never made a will/will has somehow got lost/will became revoked through remarriage etc, then the law is very prescriptive regarding intestacy (no will): widow takes everything from the first £250000 of the estate, and a half of everything else, the other half being shared across any surviving children (or if none, surviving grandchildren, siblings, parents etc - all spelt out in great detail what proportion and who gets what). If the will favours the spouse more than she would be through intestacy then it is in her interests to ensure it is followed, which means passing it pronto to the executor. Equally if better off through intestacy a malevolent individual might be tempted to conceal the will's existence.
Where there is a will, the estate cannot be administered until probate is granted at which point money will be paid to beneficiaries if anything is left after settlement of debts such as funeral expenses.
If he wasn't legally married and made no will than his "wife" gets nothing at all and everything goes to his children.
Hence if you believe you are the executor it is imperative to obtain the will as soon as possible. Interfering with a will in order to benefit from it/stop someone else from benefiting from it is a serious criminal offense.
Unfortunately there is requirement to register wills in a central database, though the organisation Certainty is effectively a private registry that most solicitors who have drawn up a will recently should be aware of. Whether you father would have chosen to register his will with it is anyone's guess, and registration is only voluntary anyway. If he made the will longer ago and before Certainty was set up, then unless he updated it after remarrying then it would no longer be valid and he would be considered intestate.
If a search of Certainty doesn't throw up any light, you can pay to have a search of all solicitors within a several mile radius of your father's last address or addresses; they will be written to and asked if they drew up the will and if they still hold it. Of course if he did a DIY will then it could be anywhere - some people keep their wills in a safe deposit box in the bank, accessible only to them. (Not very helpful once you are dead - the bank will only accept instruction from an executor if they are named in the will, but they can only prove they are named in the will by opening the safe box and showing the will, which of course they can't do....) You could also ask friends of your father's who might have been witnesses of the will in case they know (it has to be signed by witnesses).
This is one area of law where even if it seems expensive, you really need an experienced solicitor in probate and family issues from the start if things get difficult - best to look for one registered with the society of trusts and estates ("STEP solicitor"). Try to go alone and it will work out far more expensive ultimately if things become contentious.
That said I sincerely hope your stepmother is just recoiling from losing her husband and will be able to have a reasonable conversation with you shortly.
Chromegrill said:
This is one area of law where even if it seems expensive, you really need an experienced solicitor in probate and family issues from the start if things get difficult - best to look for one registered with the society of trusts and estates ("STEP solicitor"). Try to go alone and it will work out far more expensive ultimately if things become contentious.
.
In this case, I unfortunately predict .... "from the start when things get difficult ...".
Not much annoys families more or for longer than a contentious will.
So could it be the case my late father listed 2 executors of the will being his wife and me, if that's the case could he set the priority eg first his wife and then me ? If there is no priority and we are both listed do I have right to see the will ? At the moment she not telling me much, I'm trying to avoid arguments at the moment as its a tough time for all of us, but at the moment she is the only person who has seen the will.
thanks
thanks
In your situation I would apply for a caveat. This stops someone else applying for probate behind your back https://www.gov.uk/government/publications/form-pa...
PostHeads123 said:
So could it be the case my late father listed 2 executors of the will being his wife and me, if that's the case could he set the priority eg first his wife and then me ? If there is no priority and we are both listed do I have right to see the will ?
Yes, it's perfectly possible that both you and his wife were named as executors, and if so there is not normally any question of who has priority - both are equal, and you both have a legal right to see the Will.The problem is that you don't know whether you're an executor or not. I would therefore suggest that when things have calmed down a bit you ask this direct question to his wife, ideally in the presence of an independent witness.
If there's no witness available it might be worth covertly recording the conversation on your phone. Contrary to popular opinion such evidence is potentially admissible if the matter should ever get as far as court proceedings.
Pro Bono said:
Yes, it's perfectly possible that both you and his wife were named as executors, and if so there is not normally any question of who has priority - both are equal, and you both have a legal right to see the Will.
Unless an executor renounces their position then I'd say it's more than a legal right - you have an obligation to see the Will as you're legally liable for its correct execution.I guess if someone is never told they're an Executor then there's not much they can do. I suppose it would only become an issue if Probate was needed.
bassanclan said:
In your situation I would apply for a caveat. This stops someone else applying for probate behind your back https://www.gov.uk/government/publications/form-pa...
This...........about £20 IIRC.Pro Bono said:
Yes, it's perfectly possible that both you and his wife were named as executors, and if so there is not normally any question of who has priority - both are equal, and you both have a legal right to see the Will.
The problem is that you don't know whether you're an executor or not. I would therefore suggest that when things have calmed down a bit you ask this direct question to his wife, ideally in the presence of an independent witness.
If there's no witness available it might be worth covertly recording the conversation on your phone. Contrary to popular opinion such evidence is potentially admissible if the matter should ever get as far as court proceedings.
I've seen the Will this evening for the first time, I am indeed listed on there as an executor with his wife no mention of priority we are both listed. If we are both listed does that mean she needs to consult me before selling any high value items be owned? As I know things have already been sold to tune of approx &The problem is that you don't know whether you're an executor or not. I would therefore suggest that when things have calmed down a bit you ask this direct question to his wife, ideally in the presence of an independent witness.
If there's no witness available it might be worth covertly recording the conversation on your phone. Contrary to popular opinion such evidence is potentially admissible if the matter should ever get as far as court proceedings.
£25k. Im seeing a solicitor next week.
Thanks
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