Is it beneficial to be the executor of a will?

[WillItEverWork]

Massive back story but to save on that here are the key bullets;

• mum left a will that all 4 of sibling would equally benefit from and that we was all executors of
• oldest sibling secretly took mum to get her will changed a couple of years ago, to make them sole executor- yet it’s still a very basic will that says everyone of mums surviving children get an equal share

My question is, is there a benefit to being the sole executor of the will? The materials of the will haven’t changed but a new will was written (when the person deffo had dementia, so how is another story!) to make one person sole executor- what would be the benefit of doing so?

I think from an administrative perspective it can be easier to have one executor. I was the sole executor of my DM’s estate so when it came to selling her house I was the only one that needed to deal with the estate agent, solicitor etc.. I was also a beneficiary, but not the sole beneficiary.
As the executor you need to provide the beneficiaries with details of the estate accounts eg assets, bills paid etc.

Well its easier to get up to shenanigans if you are the only executor....or at least think that you could! Can you prove that your mother didn't have capacity to make a will when the will was written as that could invalidate it? Its not as simple now to say that someone with dementia is not capable of making a will. You say "mum left" does that mean she has now passed away? As beneficiaries you are entitled to be informed of all the actions and decisions made by the executor and to see the figures on costs and what the estate consists of. Frequent "friendly" conversations may be enough to keep her on the straight and narrow?

yes I agree with this too, especially if there is the possibility of disagreement between executors.

It's a nightmare being an executor. It's a lot of work, particularly if there is tax to pay. However its also a PITA if there is more than one executor since you have to get everything double signed etc which holds up the process.

If you're planning on doing something dodgy you can only really do that if you're the executor.

Yes mum has passed, the will is really simple. always has been.

It divides her estate equally between all children, but previously the will stated all children would be executors - but a new will was made less than two years ago giving the eldest sibling sole executor.

So whilst the amount to the beneficiaries of the will hasn’t changed, the executor has.

The sole executor has been reluctant to provide a copy of the will, or say how much the estate is worth, so wondering if they have the opportunity to hide money? Or is it all overseen by the probate solicitor?

We have a copy of the will finally as probate has been granted and ordered it on the gov service

They can be required to show you paperwork relating to savings, bank accounts and so on and the probate valuation paperwork. Jewellery and other personal possessions can be harder to deal with unless they are valuable enough to be itemised for probate. I would suggest LOTS of "friendly" enquiries and conversations. This might be useful.... https://www.irwinmitchell.com/personal/will-trust-estate-disputes/contentious-probate/challenging-an-executor#:~:text=If%20you%20believe%20the%20executor%20is%20not%20performing%20the%20duties,them%20according%20to%20the%20will.

Legally there’s no benefit, but practically there is a lot of benefit if you don’t want anyone else to know what you’re doing!

Executors have to find out how much money/what assets the deceased has, contact all the companies involved and send the copies of the death certificate, sell the house, get the funds in for the house then work out how much is in the estate before distributing it in accordance with the will. They have a duty to provide the beneficiaries with accounts that basically show their working.

Normally, the fewer the executors the easier it is to get things done ie getting 1 signature is easier than getting 4.

BUT if you’re a bit dodgy and have access to bank accounts, what’s to stop you helping yourself before doing the accounts so it looks like the estate has less money than declared? If you know there’s £20k sitting somewhere for you to take and it’s unlikely someone would find out, what’s would you do? Yes there’s remedies if an executor steals from the estate, but you’d have to prove it plus if they’ve spent the money/don’t have it you’ve got nothing to get back from them.

If your brother is a bit dodgy and you don’t trust him then I’d recommend getting involved asap.

Thanks everyone, there isn’t fortunes to be had - just the credibility of my older sister, I believe she has acted against the best interests and has manipulated my mum into signing over her estate solely for her to execute.

I am probably right, but it’s not worth the legal battle both in my mother memory or monetary costs, but I now know just enough to know my sister is as evil as I thought, and she can have my mothers money, I won’t speak to her again though.

A lot of banks don’t ask for probate unless account balances are £50k or more and will just close on signature of the executor so could hide money that way ?

How was the will changed when your late DM no longer had capacity? Did your sister or anyone else have power of attorney over your DM's affairs before her death? If so, then that person could easily have helped themselves to money and possessions before she passed away.

It’s a complete pain in the backside. We have had to do it for 4 now deceased relatives, and never want to do it again! Pay a solicitor!

I don't really understand what you mean here by 'signing over the estate' or 'have my mother's money'. Are you saying your sister hasn't executed your mother's Will and distributed the Estate accordingly? As well as the Will and the Grant, there should be a set of accounts detailing what was in the Estate.

Just because she is the sole executor it doesn’t affect the amount the beneficiaries receive.

Making your sister the executor could just as easily of been to prevent a different sibling from doing something nefarious or making things complicated. It doesn’t mean she is trying to steal money from the estate.

the executor has to maintain transparency. It’s an awful job with a ton of paperwork and responsibility.

Honestly I would be thankful she is dealing with it all herself and offer to help where possible

Well she’s plainly behaving in a dodgy way if she’s reluctant to be transparent.

Executors can basically do what they like with no real oversight. That’s why people use legally obligated Solicitors.
I’d be concerned she will keep the proceeds.
Legal action costs a fortune so unless it’s a huge estate, it’s usually not worth the aggro.
By the time Probate is available online, as it’s currently taking many months, she could have spent the lot.

the problem with using a named solicitor (or even a firm) is that it all gets very difficult if the solicitor dies or retires or the firm closes. A mate of mine has recently had big complications over this very situation. The named solicitor had Alzheimers and the partnership had been dissolved and closed.