To not want to be executors of a will

[Evisam]

My DH's Godmother (his mum's best friend from school) is 78 years old. She has never married and has no family. DH's mum visits her in London every month as Godmother has been housebound for many years. Godmother's brother (also unmarried) was a neighbour of ours and passed away 10 years ago leaving Godmother his entire estate. Godmother had a solicitor update her will to take her brother off as the sole executor. She decided to ask us to be her next of kin and executors, as DH's mum is also 78 years old. At the time we agreed.

Godmother is going to leave her property to her carer (this will be life changing for her carer and a lovely gesture she sees her everyday). The rest is likely to be split equally between her church and animal charities. We are unlikely to be left anything, and to be honest, we do not need anything.

The estate is likely to be in excess of 800k. She is not leaving a property to a family member (there is none). As executors will we be expected to pay the inheritance tax bill out of our own money, even though we will not be inheriting?

Godmother lives 1 hour away. Do we really want to be clearing a house and sorting an estate of someone I barely know, but I am really fond of, especially when we work full time?

Can you relinquish being an executor and ask a solicitor to deal and sort the lot including the IHT bill?

When the time comes, I'd suggest you tell the carer/charities you're not in a position to act, but they are the main beneficiaries. They will want the money, so will sort it out from there and their solicitor will draw up the necessary paperwork to transfer Executorship to someone else.

If you remain Executors, it won't be as simple as getting as instructing a solicitor and clearance agent - the solicitor will need all the financial details and want to know certain information that might be known by yourselves. If a loan is needed to pay the IHT, then Executors will need to arrange with the bank. You'd also be responsible for ongoing maintenance if there's a property to sell.

If the carer is the one inheriting, then I don't understand why she hasn't put her down to be the executor? That would surely make the most sense.

I think the idea is that an Executor is appointed because they have some kind of insight into the person's financial affairs, that's why a close family member is often chosen. It can be quite a demanding role, as I know from experience, so not sure it would be fair to dump the job on the carer!

I agree. Better to ask the Godmother to appoint her solicitor.

Its not "dumping" it is a price the carer pays for being given the "windfall" financial gain.

The OP ends up with legal obligations which are not transferable and financial costs which are not recoverable.
Thats not fair.

I've not read the thread but in your shoes I would run. My DH is executor of his Mum's will and it is currently proving quite an arduous task which is causing him a lot of stress. Putting yourself through that for your own family is one thing, for someone else, quite another. Of course it does depend on circumstances. My own parents were very organised and left their affairs very tidy and easy to sort out. My sister was the executor and she had a much easier time than DH is currently having. But it was still quite time consuming. I wouldn't do it if I didn't have to.

I’m currently acting as an executor for a family member. It’s been very stressful and also costly as I had to cover expenses arising before probate was granted. I did appoint a solicitor to act but they rely on you to provide details of all bank accounts, shareholdings etc which is where the bulk of the time / legwork lies. I’d be loathed to act as an executor for someone I didn’t know well as I wouldn’t know where to start and it takes up a huge amount of time.

You’d be mad to agree to this if you're not the beneficiary of the estate. A solicitor would be the best option.

You won't have to pay the IHT, it comes out of the estate. But executorship is nevertheless a very arduous and onerous responsibility, even if a solicitor is appointed, particularly if there is a property and chattels and more than one beneficiary.

I would think very seriously about raising it now with the godmother and suggesting that a different executor is appointed (perhaps the carer herself as she will be the main beneficiary and is also presumably local). Otherwise you might be in the position of having to renounce executorship when the time comes.

I'm a solicitor (not a probate one) and I've had a few people tell (not ask) me that they've made me executor of their wills. I think they reckon I can do the probate for free and save their kids a few bob, very cheeky! My answer is always that it may not be workable for me when the time comes - I work FT, have kids and live some hours away from those who have asked so they need to be aware I may renounce. Cue much huffing and puffing and comments like "oh it's only signing a few forms!" (It really isn't unless the deceased has, say, been in a care home, house and chattels already sold and all assets in liquid form with the paperwork neatly put in order by someone with POA.)

The only time I willingly agreed was for my grandparents who appointed me and their next eldest grandchild (my cousin). I was one of the beneficiaries and felt I couldn't decline. But it honestly took so much time and effort to sort even though we had a solicitor too. My cousin was really annoyed with me as she was local and worked PT and I was really limited in what I could do in the practical sense for house clearance, selling the car, going through paperwork to trace accounts etc. So it also soured that relationship for a while.

Sorry to sound mercenary but if you're not a beneficiary that is a lot of work with no outcome for you at the end. The best you'll get is expenses paid but you don't get compensated for your time and stress levels.

OP - with that size of the estate (think you said ~800K), multiple beneficiaries, flat to sell, etc, I would step back now.

I personally think it is very cheeky to appoint someone executor who is not a beneficiary given the time and effort involved. It really is far too much of a 'favour' to ask. In her shoes, I'd at least be trying to put value on your time etc and leave you something in that region (say 10-15k, given the estate size). The right thing for your godmother to do is appoint a solicitor - yes, it will reduce the bequest to the beneficiaries but it's in the hands of a professional.

Don’t do it. It’s a massive amount of work and it can be complex.

just tell her unfortunately you are no longer able to and there will need to be a firm of solicitors appointed instead.

we have just done my husbands great aunts. It was a nightmare and we are both lawyers.

It is a lot of work having been an executor for my late mother, who had left things in order and even let me know practical things such as who insured the house.

I don't blame you for not wanting to do it, not sure how you can tactfully and practically change this without it seeming unpleasant.

I really don’t understand why she hasn’t made the carer the beneficiary. No way you should take this on

The carer is the beneficiary. Rest goes to charity.

There’s no reason for the OP to be the executor. It’s just adding significant work/stress/responsibility. The estate can pay for a solicitor to do it.

I agree with previous posters that given that you are not a beneficiary then why would you agree to take on the work, time, stress and potential legal liability from disgruntled beneficiaries for nothing.

This is why wills often grant the executor a small fee (c £5k) for their time and hassle.

I wouldn’t take on an executor role if:
I was not a beneficiary or
A charity was involved
YANBU to refuse

As the will was professionally drafted it most likely includes a provision that if the named executors are unable or unwilling to act, the partners in the firm of solicitors who prepared the will are appointed.
Thus simplest options are:

1. Ask godmother to check her will includes this provision
2. If not suggest she appointments new execs (eg solicitor or an actual beneficiary
3. Or, just keep schtum and renounce the role (there's a form to complete) and send the renunciation form to the solicitors who hold the will, then it'll be their job to either act as executor (if drafting includes that backstop) or find a beneficiary to apply for a grant of letters of administration with the will (ie probate application by person not named as exec but entitled to administer the estate under the non contentious probate rules)

If you do stay as executor, you need to be very, very careful paying the inheritance tax.

Legacies to UK charities are tax free. Not only does the total amount left to charity come off before IHT is calculated, the IHT rate reduces if the gifts are over 10% of the estate.

Also, I vaguely remember hearing of an executor being sued because unless the will says otherwise, if the charity is left a percentage of the estate not a fixed amount, the charity percentage is free of inheritance tax (so all the IHT has to be paid by the other legatees). And I’m not an expert so I may have that completely wrong but I think that’s what s.41 of the Inheritance Act 1984 says.

I at least know there might be an issue so I need advice. How many executors finalise the estate, deduct the IHT then split the money? And charities will sue if you get it wrong (or the charity trustees can be sued for misconduct).

I’d decline, either now or on death. Being an executor, particularly when charities are involved is a nightmare