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how old do you have to be to be named as an executor?

8 replies

PineappleDanish · 23/01/2020 17:45

(We're in scotland if that matters)

DH and I have mirror wills, naming our fathers as executors. These wills were made ages ago. Both dads are now mid 70s and getting on. My Dad in particular is ageing quickly and starting to show signs of a bit of confusion. Give it another couple of years and he wouldn't be up to it.

Oldest DS is almost 17. Could we replace my dad with him as beneficiary when he's 18? Or does he have to be 21, 25 or some other age? He's also a beneficiary but I don't think that matters as I'm both executor and beneficiary of my parents' will.

OP posts:
Crunched · 23/01/2020 17:49

I named my DD1 as executor at 18 (England) no issues, it is alongside my sister who is considerably older.

DonaldTrumpsChopper · 23/01/2020 17:49

18 (in England anyway) , but I wouldn't recommend it. I usually advise clients to avoid appointing children in their late teens and early 20s as executors as it is so hard on them emotionally.

I've acted for a handful in their early 20s and 3 in their late teens, and it was heartbreaking.

Have you got a sibling who who help for now?

PineappleDanish · 23/01/2020 18:21

Yes, that might be a better option. I take the point of it being hard emotionally, obviously DH and I aren't planning on putting him in that position but you never know.

I've already told my sibling that when the time comes to execute our parents' wills, i'll be delegating it all to the solicitor anyway.

OP posts:
user1487194234 · 24/01/2020 06:20

The age in Scotland is 16 to be an executor
It is usual to put the money in trust until DC are say 21, so if you want to do that ,or have younger children you would want to have older executors

Whenwillthedustsettle · 24/01/2020 06:31

I was executor for my grandfather in my early 20s. It was quite a lot of work to do, and really ate into my free time and lunch breaks. I did have help from my uncle (also an executor) and a fab legal team. I didn’t have the emotional burden of it being a parent, my grandfather was elderly and we weren’t that close. The main purpose was so he could leave me an executor’s legacy because at the time that he died we were buying our first house. So not really the same situation at all. I think losing my parents suddenly in my youth and being confronted by all that admin might have been quite hard

CanIHaveATiaraPlease · 24/01/2020 06:36

I think it’s a big ask. Who drew up your wills? If a solicitors firm id think about appointing them.

PineappleDanish · 24/01/2020 07:21

Yes, it was a local, long-established solicitors firm. As a matter of interest what would happen if we didn't bother to update the executors, and both had died by the time they were needed? Who steps in when there is a will, but not executor?

(not that we're planning to do this, btw!!)

OP posts:
user1487194234 · 24/01/2020 11:52

If they have died you would have to apply to Court to have an Execuor appointed, this would normally be one of your children The court process is simple but there would need to be a Bond of Caution ,costs depend on value of estate but could be around £1000
That is one reason why a lot of people appoint the solicitors firm as a fallback

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