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Executor of Will

(7 Posts)
midlandsmumof4 Mon 07-Sep-09 00:01:05

OK so my nephew aged 21 is executor of his dad's will along with the daughter of BIL's partner, about the same age. Seems to be a huge responsibilty for ones so young. Can we help at all?

Tortington Mon 07-Sep-09 00:04:10

in my experience, if there is a good solicitor involved they will take on the lions share of the worka nd advising ( obviously not for free!) i think just reminding them that you are there if they need to discus things is great.

i think a lot depends on the solicitor

midlandsmumof4 Mon 07-Sep-09 00:28:11

Thanks custardo-don't know about the solicitor. BIL (my OH's younger bro) passed away last Wed. Its complicated.

TigerDrivesAgain Mon 07-Sep-09 00:37:28

What custy said: make sure they have a good lawyer, they won't have to do much at all, assuming no difficult decisions left in the will to the executors, even so, the lawyers can guide them in what they do.

exexpat Mon 07-Sep-09 00:40:13

Depends how complicated the finances are. If you are not the executors, you can't officially deal with anything (eg sign letters or apply for probate), but you could certainly help your nephew sort out the paperwork. Solicitors can charge huge amounts for dealing with very mundane things like checking bank balances and share prices, which most people would be perfectly capable of doing for themselves - though it might be a bit daunting at 21. Would suggest you look at the probate forms and advice on the government website probate service, and also get a book like the Which? guide to wills and probate, which is very clear and helpful. Obviously, if there are any disputes, or real complications, a solicitor will be necessary.

LSEE Mon 07-Sep-09 19:08:37

Executors are also responsible for filing all the tax returns for the deceased which, if their tax affairs were not straightforward, can be quite complicated. If it is a simple estate, i.e. bank account and house to sell, he might be able to manage it on his own with you helping on the technical side, if it's complex I'd recommend getting a solicitor, getting probate stuff wrong can have quite drastic consequences. Remember that executors can usually resign if they want to so if he does feel he can't manage it he should be able to pass on the responsibiliy to someone more qualified (although presumably if your BIL named him as an executor he thought he was up to it).

TheProfiteroleThief Mon 07-Sep-09 19:12:31

I think you can help (if he wants you) by collecting info on all

policies
property
pensions
savings
debts
mortgages

etc. These will be required by solicitors even if they do the work. It can be a very expensive and slower exercise. I have done it twice, but on very simple estates. It is rather easier now, than about 8 years ago when it was all simplified - if you have any past experience.

It is a good idea to open a specific account as an executive account. Banks will make a cheque payable to funeral directors for reasonable sum before probate is granted. Which might be a big help.

Probate Service are very kind and gentle.

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