Relatives executor but no money in the estate

[Atethehalloweenchocs]

I have been told by someone else that my relative told them they have named me executor of their will (without asking me). This person lives in squalor, their house is full of stuff (I am assuming it still is, I have not been in for years as they dont like people coming it - even through the letterbox it stinks though. So clearing the house will be a massive, unpleasant job. And I very very much doubt there will be any money in the estate - I believe they have a reverse mortgage and there are no other assets I am aware of. I dont believe there will be anything to cover the cost of their funeral. If it turns out I am named as executor, am I liable for any costs? I dont have the money to cover their expenses.

There is official guidance on this. I think you can withdraw even after the will is read, with a PA-15.

Thanks @Zaranj - I looked but could not find anything. I will go back and look again.

Yes it's the PA15 but you need to resign before you start dealing with anything. 2ho is the relative, are they at risk of neglect and need social services. The funeral can be met by the council if there's no money, some very rich people live in squalor.

Yes, you can turn down the executorship.
Something to be aware is that whoever goes to register the death and get the death certificate is asked to sign something to say they will be responsible for the costs of the funeral. I don't quite understand how that works, or what happens if you refuse, hopefully someone on here will be a registrar and can explain?

You aren't liable for costs as in debts etc though if you commission a skip company for example, they'd be likely to consider you their customer which won't work if there is no £ in the estate.

If you "intermeddle" in the estate you might not be able to renounce so don't get stuck if you don't want the role (which sounds reasonable from what you've said).

I have never been asked to guarantee I will arrange or pay for a funeral.

If there is no executor, family willing or able, a will or money the council will arrange a funeral. Many people can register a death and collect certificates, not just family.

Not true. You get paperwork to take to the funeral directors to organise it , but you are not required to pay for it.

I’d refuse. I’m a widow and my solicitor will be executor I wouldn’t put it on family.

Thanks all. It is a sibling, I expect any money will go to their (pretty much estranged) child but can also foresee that child would be happy to leave me with all the costs. As it is I am dreading the need to clear the house - I dread to think what kind of state it will be in.

Any costs are paid out if the estate before any beneficiaries so if there is any money (I know you said you doubt it) that will be used for the costs and funeral before any child gets anything.

The clearing of the house can't be forced upon you OP. Being a sibling doesn't make you liable. Just reject the executorship. If you register the death you're not obliged to organise the funeral. Just pass the Green Form (from the registrar) to whoever will be doing it (even if it's council).

Yes, thanks @OhhhhhhhhBiscuits . I know about that, just was not sure how being the executor might affect costs. I dont know how much the lifetime mortgage was for, the house is in such a state I am not sure it has any resale value, and given a history of irresponsibility, I can just see being left with a massive mess.

Are you in contact with your sibling and their child, who told you that you've been put down as an executor, have the got proof, seen the will envelope. Are you down as a contact if your sibling goes into hospital or dies.

Nonewclothes2024 it absolutely is true, I was stunned when the registrar refused to issue the death certificate to a family member when their partner died. If I hadn't have witnessed it myself, I would have said there must be a mistake. She was told that if she didn't agree to pay for the funeral costs, they wouldn't issue it. She wasn't the executor, btw, which is why she didn't want to pay as she knew there would be issues reclaiming it from the estate.

@TraitorsGate , it was something that someone told me today, so I have not had time to do anything with it yet. I do believe I am listed as emergency contact, since I am the only one around.

How can it be that a person can be named as an executor without agreeing to accept the role beforehand? Is this a thing?

Great questions @ADoggyDogWorld . When I made mine, I was just asked to write down a name, no one asked if I had cleared it with them.

Years ago (~20y) my brother asked me to be executor for his and SILs joint will. SILs sister was also asked.

I said yes, that's fine.

However I've never seen the will, been asked to sign anything or received any confirmation.

Every day a school day!

OP, you don't have to do anything; you don't have to register the death, you don't have to be the executor and you don't have to clear the house. If anyone contacts you, just decline. They might be pushy as it will likely be easier for officials to palm it onto you, but you don't have to take on any of it.

If the equity release company will own the property, it will be up to them to get it cleared. If you are certain there won’t be cash in the bank to pay for either funeral or house clearance then don’t get involved.

I am a retired registrar, and in all my days I've never heard of a death certificate being refused unless the informant guaranteed to pay the funeral expenses!!!

It's very often not the next of kin registering the death so why would that person have to guarantee to pay for it? They have to pay for a full death certificate if they want one (an abbreviated one should be issued free of charge) but nothing more. And an executor of a will is not liable for any expenses. If you don't want to be executor there's nothing that says you have to be. Especially if you never agreed to it in the first place. Simply refuse !!. If you weren't asked in advance then you are under no obligation.

Even if you do accept being the executor you are not personally liable for the costs.

I'm named as an executor on a Will in which I'm named as a residual beneficiary and that's the only circumstance where I would undertake the role; I will eventually benefit.

The role of an executor is onerous; there was a BBC4 Moneybox programme earlier this year about a woman who agreed to be an executor for a friend, even though she was not a beneficiary or residual beneficary of the Will. Long story short, she ended up being over £25k out of pocket.

Either ask the person concerned to change their Will and if they won't, be prepared to complete a Form PA15 to give up your right as an executor when they die - and be careful not to undertake any tasks when the time comes to avoid what's known as intermeddling. You can arrange the funeral, but if there are no assets to pay for it, contact the council for a public health funeral (pauper's funeral).