I'm an executor but a Trust is being set up in the name of one of the other executorss

[peridito]

This worries me a little but I don't know whether I'm just being paranoid .

Anyone who might know the implications of such a move ?

My son is a beneficiary of a percentage of the estate .

Why does it worry you? You will have duties and responsibilities as an executor to the beneficiaries ie. To act fairly or obtain the best (or fair market?) value if you sold - just Google tbh! But given your son is a beneficiary it makes sense

ThanksDolly.

It worries me because of a previous negative experience with a will not being correctly executed and how meaningless the obligation of an executor to act fairly and in accordance with the will turned out to be .Costly legal action was necessary and only partial resolution achieved .

I guess I don't trust this other executor - they attempted to get a signature from my brother when he was in a hospice 24 hours before he died . They have told me that I'm a sub executor and now I'm told by the firm they've appointed to deal with the estate that I have power reserved .(Wouldn't reserving power be something an executor chose rather than have imposed on them ? )

I do think I might be being over sensitive and further detail and explanation might well put my mind at rest .What phrase do you think I should I enter when googling ?

I don't think anyone can tell you you are reserving power, it is your choice.

I’m not a expert but - from previous experience my DSis (who lives in another country) did not want to be a executor for my DF - we did a power reserved - which basically meant that I could deal with everything but my DS could at any point choose to jump back in - however - she did have to supply a signed and witnessed letter stating this was her intention - perhaps ask if they (the firm) have had this and ask to see it? Sounds like something odd is going on.

There is no such thing as a sub executor.

Power can be reserved where an executor does not want to act but does not want to relinquish the position completely. You did not have to sign anything for this to happen, but you should have been notified of the application in writing.

You say there is a firm dealing with the estate. You need to make it clear to them that you did not consent to having power reserved, you are, and have always been, willing to act as executor, you were not notified in writing before the application for probate was submitted, you did not consent to their appointment and you do not consent to a trust being set up.

On the information you have posted, you are right not to trust the other executor. They cannot do anything without your agreement. From what you say, I am assuming they appointed this firm unilaterally. If that is the case, the appointment is invalid and the other executor should pay the firm's costs rather than it coming out of the estate.

Given their behaviour so far, my view is that you need to take legal advice about possibly having them removed as an executor.

Thank you prh .

I wonder if the will stated a hierarchy of executors ? Something along the lines of "I appoint X to carry out all duties ,in the case of them being unable I appoint Y to act ."

I do hate all this .My poor twin brother .

Have you seen a copy of the will?
Your first task will be to get a copy if it if you don't already have a copy.

If you are listed as an executor you need to decide if you want to be an executor.
If you are not sure what it will involve you should get independant legal advice covering a schedule of tasks needed to finalise the executorship, what the outcome if you don't take the role or if you do and there is conflict.

If you do take the role and use a legal team putting in a cortrol of asking that all advice, tasks, and contact be followed up in writing.

If the Trust is part of the ongoing settlement of the estate and you are an executor you need to be in control (informed and a right of veto) of the Trust as it is only a "vehicle" used to carry out the dead person's will.

Sorry for your loss, its made harder when the will causes conflicts.

Thank you for your reply and for your sympathy.Solas .

I'm going to write to the firm dealing and ask them for a copy of the will and details of the proposed Trust .It's helpful to be reminded that it's a vehicle to carry out the will .

I think the executor may be thinking with a financial hat on and excluding emotion .But I don't like being sidelined .

I will ask for legal advice as well .

Just a heads up - execution of will (or any deed) refers to how it is signed and witnessed, not how the content of said deed is carried out.

I'm pretty sure that an executor has a legal responsibility to carry out the deceased's instructions as specified in their will .

Not to say that this is incorrect
Just a heads up - execution of will (or any deed) refers to how it is signed and witnessed, not how the content of said deed is carried out.
but if one is concerned about the integrity of an executor and how they carry out their duties it's rather a side issue .

TrashyPanda is being a little pedantic. Executors don't execute the will. They administer it.

You are being more than a little inventive.

i never said Executors execute the will.
I stated that when referring to the execution of a legal deed (which the OP did) the term “execution” refers to how it is signed and witnessed, not how the contents of said deed are carried out.

trashy having re read my post I can see that I've misused the word "executed" .
I think that's the point you wanted to highlight .

I found both of prh's posts really helpful .That's what I was looking for when I started the thread and I'm grateful for them .

I was explaining your comment to perdito. I know you did not say executors execute the will.

forums.moneysavingexpert.com/categories/deaths-funerals-probate

go onto the website I’ve linked - it’s excellent at all things to do with wills, probate etc.

Thank you soontobe60 ,what a mine of info there is online !