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Elderly parents

Will executor not UK based - experience from anyone

3 replies

dramaaaalamaaaa · 28/01/2025 18:42

Requesting executor of will potential issues when living overseas from anyone with experience please.

My parents have asked me to be their executor, I'm one of three. I've done fairly well for myself, I don't need their money, I'm grateful for the upbringing that got me here. My siblings, one is a stay at home parent with limited funds, the other is a divorced parent with multiple career restarts. Both have taken substantial handouts from my parents over the years, and likely will continue to do so until their passing. My issue is that I am being asked to be the executor but I don't live anywhere near them anymore, and won't be moving home. I think that I am being asked this as I am likely to be fair and apply their will as requested (which is an equal split, supposedly tracking and deducting all the handouts including future ones to maintain the split). The others are likely to bicker over finances, but could be more helpful as one is physically there. Are there any likely pitfalls of doing this being in an entirely different timezone? I understand the reasons they are putting this on me, but I flatly don't want to be the one left clearing out a house with a lifetime of posessions/trying to coordinate with solicitors when I live on the other side of the world. Or worse, being sued by a sibling who wants money/having to make another move out of their house. Thaks

OP posts:
AGovernmentOfLawsNotOfMen · 29/01/2025 03:01

Once a person has died payments and gifts to anyone in their lifetime are irrelevant.
So you won’t have to bother with bickering over who had what in anyones lifetime

A will is simply the dispersal of money and assets on death and only as stated in the will.

You do not have to discuss the contents of the will with the beneficiaries and really it’s best to not do so whilst it’s being organised.

In terms of selling the property. Arrange an agent, get a valuation and they will do all viewings. Accept the price and see it through. Clearing the property if you are abroad is difficult but depends if you want to keep stuff or stuff is especially mentioned in the will to be given to beneficiaries or sold. That could be tricky and needs some thought. If you’re not planning on keeping anything a clearance company will empty the house for a fee.

We live in the UK and had to deal with a deceased relative in Guernsey. Not a different time zone but still tricky in terms of clearing and selling the property. Ultimately you will at some point need to come over to deal with the house but the legal stuff and collection of assets shouldn’t be an issue from abroad once you’ve opened a probate account here in the UK. ( assume you won’t be able to have one abroad )

aramox1 · 29/01/2025 03:30

'Tracking the handouts' will be extremely tricky wherever you are unless your parents have been absolutely clear in the will ( and even then, would a solicitor support a will that made reference to unspecified sums, past and future? Gifts like that also impact on inheritance tax.

Mum5net · 31/01/2025 12:26

Only experience is England versus Scotland.
However, am aware of a lovely lady whose only living relatives were in Australia and that did take quite a while to sort.
You could appoint and instruct solicitor in D Parents' country but correspond by email and voice note.
The house clearance would be the largest obstacle.
Trying not to be too cold and business like... presumably you would be around at the end stage and attend funeral? Would you be sufficiently pragmatic to be able to park your grief and focus on the house clearance task before you flew back. I don't mean actually clear the house, but to have taken photographs and videos of every room and corner of the property, and even possessions?
Would you be able to put your hands on all share certificates, pension paper work, their computer hard drive?
If you had a pre-prepared checklist ready and waiting for one of them passing, it would be do-able and DParents were organised and had things to hand.
But wouldn't it be easier if you were joint executors with the siblings but dealt with the legal side?

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