Will- some advice needed, please

[dazedandsad]

FIL, with whom we have been living in his house for a couple of years, has unexpectedly died last night.

His will names a firm of solicitors at the other end of Britain as executors and trustees- no idea why, perhaps a mail order will? I'm totally thrown by the executor part- since it's always in my family been a family member who performs this role. What consequences does this have, if any? Do we still contact FIL's banks, cancel his pensions, etc, ourselves?

FIL told me/us many times he was leaving everything to DH, but the will I think states the trustees are to sell it and keep the capital and interest in trust for DH- does it mean the house will be sold and we can't keep living here? DD has applied to a secondary school and I can't bear the thought of moving away right now. It was DH's childhood home. Or can DH keep the home?

Thank you for any advice, I'm in a bit of a state of shock. He was the loveliest man alive and the manner of his passing was really dreadful.

Sorry, here's the will. It's not like wills I have seen previously, but I'm foreign.

Sorry for your loss.

I would wait to see what the will says before speculating. Every will I’ve had anything to do with has been different than expected. I’m no expert but keeping something in trust for an adult when there are no other recipients would seem unnecessary surely? The good thing about a solicitor is they will ensure everything is done legally, but all costs will need to come out of the estate (including inheritance tax and funeral if there’s no funeral plan).

Bearing in mind it’s the early hours of the morning and I’m not a lawyer I think that it means the trustees (eg your DH) can do what he wants after debts and funeral costs have been paid. So, if your FIL has cash or other assets there’s no reason to touch the house.

To clarify my first reply was before you posted the will and my second is subsequently. I think I’m going to bed. 🤦‍♀️

Your FIL died suddenly last night. I'm sorry for your loss. Please support your DH. Take time to grieve. Speak to the executors in the morning. They will be able to explain it much better than someone on MN.

Thanks for the replies and the condolences, @purbal, I don't understand the trust thing at all. It says the lawyers are trustees, not my DH, though, I think- I am also not a lawyer.

(I am looking at the food in the fridge FIL was intending to eat this week- he had treated himself to some fancy ready meals. It's just unreal that he's gone.)

Thanks, @ShinyHappyPoster. DH is really in a daze. We found a lot of old photos today when looking for FIL's address book to ring people- emotional day.

I googled the law firm but I'm unsure who they are, or why they're down in Plymouth. They don't even have an email address listed, so I suppose as you say ring them tomorrow.

The Co OP Legal services website has the following
www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/how-to-stop-a-solicitor-or-bank-being-the-executor-of-a-will/
:

What if the Executor is a Bank or Solicitor?
If a professional is appointed as an Executor by the deceased then they have a duty to ensure that the Estate is administered in accordance with the terms of the Will. However, the family may wish for the professional not to act. For example, there may be substitute Executors who are willing to act alone. Or, even if this is not the case, there may be Beneficiaries who would like to take control of the Estate administration process.

In many cases, banks and solicitors will act in accordance with the family’s wishes. It will simply be necessary to ask that they sign a deed of renunciation. They may also have to sign a ‘deed of retirement as trustee’ if the Will contains any Trust elements. It’s worth noting that most firms will charge a small fee for the preparation of these documents.

It is also important to note that an Executor cannot renounce their role if they have already begun work on the Estate, for example by accepting assets or paying off debts. This is known as ‘intermeddling’.

www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2018/how-to-stop-a-solicitor-or-bank-being-the-executor-of-a-will/

If I understand correctly, DH should write to them and request that they renounce the executorship?

We have been up since 5 sorting out FIL's bank statements and so on. B Need to get the death cert from the hospital, too. And DD has been sleeping badly, but I think it's best if she goes to school, isn't it?

Solicitors can act from "afar". Your DH should call them as they may not speak to you.

I'm sorry for your loss.

Condolences for your loss.

It can be helpful to get extra death certificates, as you need to send out originals to organisations such as banks and utility companies to close accounts etc, and they don't always send them back without a delay if at all. It's cheaper to get the extras when you get the original one.

Hopefully your FIL lived in an area which does the "One Stop" service.

If you can do as much as the administration, such as closing accounts etc., as possible it will keep the costs down, rather than a lawyer charging at their hourly rate.

Sorry for your loss. Being the executor is generally a good thing, if you are the main beneficiary. Don’t make any decisions about renouncing the executorship now. You could be putting the estate in the hands of someone lazy or incompetent. Speak to a solicitor who specialises in probate.

I’m sorry for your loss.

This is pretty standard will drafting (at least it is in Scotland where I am). It says to hold the property in trust absolutely for your DH, or in the event that he has predeceased, for his children until they reach the age of 18. My understanding of this is that there is no need for the trust to be ongoing assuming your DH haha capacity and the estate will be wound up in the usual way. If your husband had predeceased leaving children who were minors, the situation would have been different.

The first thing to do is to notify the executors and work out what should happen next. Their renouncing office in favour of a family member may be an option but the executor must understand the will before taking office. I definitely would start dealing with the estate without speaking to the executors first though. Obviously I haven’t seen the whole document and don’t know what jurisdiction you are in/what the governing law of the will is so what I’ve said above will need to be verified.

Thank you all very much. There will be an inquest. I will follow the advice to try to get started on this stuff once we get the interim death certificate and can notify the registrar. The hospital who tried to save him have been very helpful in talking us through.

Now I have woken up a bit I can see the "in trust" is standard will stuff, thank you, not creating an ongoing trust... good grief, this has messed with our heads.

FIL had already bought a Christmas card for DD, unsigned, it was among his things. It's such a massive headfuck, the suddenness. He also had a new duvet and new bedding still in their wrapping on his bed; I can't bear it that he didn't get to enjoy it.

Thanks all again.

Also, sorry, we're in England.

Honestly I’d let the solicitors wind up the estate, which will include transferring the property to the ownership of your DH. No need to rush any of this and you could seriously do without the time consuming hassle. Get a date for a zoom meeting with the solicitor set up with a view to them walking you through what needs to be done and how long it might take. You use your time now to grieve and tell those that need to be told.