Help me to understand my rights as Executor

[ParttimeLondonGal]

I can share the back story if needed, but basically I am the Secondary executor of my recently deceased Aunt. I live in England but she lived in Scotland and this is where the will was created/lodged. I believe this is relevant as Scots law can differ?
I first saw the will when it was drawn up about 8 years ago and when my Aunt (before dimished capacity) asked me to be one of the executors.
What I want to know is:

• Can I receive a copy of the will
• Am I entitled to know the name of the solicitor dealing with the estate
• Can I see a final settlement of the estate post bills/funeral costs and any outstanding credits if applicable from pensions etc.?

I am being told that this is only available to the PE. What's the point of me being SE then? Any help is greatly appreciated.

Bump!

I would have thought to, too. Makes no sense!

Thanks, @picklemewalnuts - I’m feeling a bit gaslit at the moment and as if I’m in the wrong for daring to ask

Do you mean that you have been named as a substitute executor if the primary executor is unable or unwilling to fulfil the role? If that is the case, you have no rights. However, if you are joint executors you are clearly entitled to see the will, etc. If you are joint executors and the other executor is cutting you out of the process, you need to consult a solicitor.

I would make a telephone enquiry to a Scottish solicitor. I'm sure they'd help- potentially you might need their services, should there be any issues.

@prh47bridge , truth be told - I don't know if I have a substitute role or not. I am also a beneficiary though and I have strong concerns about the amount quoted as the remaining estate. The PE also held Power of Attorney on my Aunt's account in order to pay her care home bills etc.
Agree with both you and @picklemewalnuts that I need to speak to a solicitor over the border and will call one tomorrow. I just feel that if PE had nothing to hide then they'd share the name of the solicitor handling the estate - why wouldn't you? I've never wanted to be wrong more in my life. So sad that it's come to this. Appreciate you both responding.

If you're a substitute then you only get involved if the main executor can't or won't act. Being an executor is more about responsibilities than rights. If you're a beneficiary you're entitled to see the will.

Hello. I don’t really understand the term “secondary executor” but I assume the will says something like “I appoint x, whom failing ParttimeLondonGal” this means that X has been appointed executor and you were named only as a back up in the event x couldn’t not/would not act. So you have not been appointed executor and have no rights as an executor.

As a beneficiary you will be entitled to see an account when the administration of the estate is completed. Beneficiaries aren’t really entitled to know all the ins and out of administration while it’s ongoing - if a beneficiary does however feel that an executor has failed to distribute the estate properly they can at any time ask for the executor to provide accounts and payment (via a court action of count, reckoning and payment).

As for the will, yes you can get a copy. If you can’t get it from the executor, if you know the sheriffdom in which your relative dies, ask the local sheriff court for a copy of the will and grant of confirmation. They usually charge £15 or so to send a copy

I’m the SE on my dads will which is in its second probate process (been through probate where it was executed, now going through probate in another country where it was registered)

It is all responsibility, no rights, a pp said. You also only act as Executor if the Executor cannot or will not do what they are supposed to.

I found the original will while clearing my Dads home and sent it to my brother- the executor for probate- so I do know what is in it as my Dad hadn’t sealed it in an envelope or anything. I don’t have a “right to know” what’s in the will due to being SE. As I am a beneficiary, my brother has told us all our share and he shared the inventory of assets with all beneficiaries when he filed for the first probate.

My brother executor also delegated to me the selling of my Dads home and his affairs as it is abroad and I am closer to that country than where my brother lives (also abroad , but very far away).

I don’t know what legal firms he is using, and don’t care. Similarly he doesn’t know the estate agents and solicitor for the house sale..due to different laws my Dad actually died intestate by the country’s law that he was resident in as he never registered his will there (oops). So that country doesn’t care that I’m not primary executor as by their law, there is no will. As one of the heirs by the intestancy laws, the other heirs signed POAs for me to do that bit of the estate on behalf of all of us.

Executor is a long hard slog. I was sole representative for my mum (she had no will and so I filed to be appointed representative by the courts to have authority to settle her estate). So it’s actually nice to be settling my dads estate with my brother instead of doing it alone.

I hope there’s not anything fishy going on, the executor should be sharing some information to be transparent and I’m sorry for your loss.

@Fleur405 - it doesn't. Just names AN Other as PE and ParttimeLondonGal as SE.
@Onnabugeisha - I was trying to approach it as a collaborative process but it firmly pushed back.
I just cannot justify not being told the name of the law firm handling it and also denied receiving a copy of the will as SE and a named beneficiary.
Genuinely appreciate you all taking the time to reply. Seeking formal advice seemed just that... very formal! But my Aunt was so staunch in her morals that I feel sure she named two of us to undertake the role to ensure that her wishes were carried out to the letter, and I definitely feel that there's a HUGE discrepancy on the amount quoted as making up the total of the estate (has no bearing on my inheritance either as I have a named amount so I cannot be accused of seeking further financial gain).
I will update back here when I know more.

You should be able to get a copy of the will once probate is granted - approx 3 months.
Also, as a beneficiary, you are entitled to know what's in the will as soon as you wish. I'd be calling all the solicitors local to your aunt, explaining the situation and asking them if they were handling her affairs.

I don't know about any other wills, but on my parents will both the gross and net value of their estate is stated.

Finding a will - mygov.scotwww.mygov.scot ›

No advice really as my recent experience as an exec was all under English law, but I echo those suggesting that you speak to a Scottish solicitor to get some definitive advice.

The Scottish system does not operate a principal executor/ secondary executor system. So unless there is a definition in the will, it would look as if 'secondary executor' means substitute - and there is no role to play.

Ok well in that case you need to speak to get a copy of the will a solicitor. For context I’m formerly a Scottish qualified private client solicitor. The term”secondary executor” is not one I’ve ever come across and I don’t understand how one could be confirmed as such. You are either and executor or you are not. It can only mean what I have said above but the language is unusual.

Oooh something went wrong there but you probably know what I mean!

A copy of the Will won’t he’ll with the size of the estate. Care fees are high. £5000 a month. Give of take. So have you factored this in?

@TizerorFizz - yes, she had a sizeable pension which would have more or less covered that on a monthly basis.
@Fleur405 really appreciate you sharing your knowledge and will definitely arrange to speak with a Scottish solicitor today.
@JasperJohnsPaintbrush - agree... looks like I will be spending quite a bit of the day on the phone.

Thanks all

My Mum passed away recently, my Sister and I were appointed as Joint Executors, but she had put my DH as Secondary Executor in her will. Our Solicitor explained that this meant that if either my Sister or myself, or even both of us, didn’t want to act as Executor, then he would take the role. Unless that happened, he had no legal right to involvement in dealing with the will/private/estate. If you’ve been appointed Secondary Executor, then no, you don’t have any rights.

I think the PE and SE are scottish terms, so a scottish solicitor could clarify this for you.

They are not Scottish terms.

@LadyPenelope68 - this is exactly what it was.
I didn’t have any rights as SE, I was in place should the PE choose to or be unable to fulfil their role.
Thankfully I had the rights to access what I was requesting as a beneficiary as confirmed by the (Scottish) solicitor handling the estate. Apologies that I didn’t update on this before as promised.