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being an executor for a will - what's involved?

9 replies

elliott · 01/11/2004 10:15

Hurrah! A new money and legal topic! So I feel I must create something to go on it....
I've agreed to be executor for my parent's wills, but I'm feeling a bit ignorant about what I may have let myself in for. I find it difficult to discuss with them and don't really know what is in their wills or who the other executor(s) are - I think just a solicitor. Has anyone done this and have any cautionary tales? Thanks

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Shimmy21 · 01/11/2004 10:32

I'm not a legal boff and I'm sure there are others who are, who'll be able to give you more info. I can just tell you that my aunt died recently and my father has spent a good 3 months so far acting as executor with at least as long to go on paperwork, selling her house etc. It has taken an immense amount of his time and has been very complicated (my aunt was well off and had lots of financial interests around the place) and if dad hadn't been retired then I don't see how he could possibly have been able to manage all the lawyers meeting etc that it has involved.

elliott · 01/11/2004 10:40

thanks shimmy. This is really what's worrying me - I know my dad has lots of different savings plans and just think it will take an age to unravel....but otoh I don't feel I can refuse to do it, presumably it will be hard work and time consuming whether I'm officially an executor or not. I'm wondering if I should start reading up about it and try to ask some relevant questions before its too late....

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tammybear · 01/11/2004 10:44

ive just done my will, and have my mum and dp as my executors, they just make sure everything is sorted out like everyone gets what theyre entitled to and everything is settled as far as i understand

Hulababy · 01/11/2004 10:44

My Dh is a solicitor who speciailises in wills, probate and trust related work. I've e-mailed him this query at work. So hopefully he will e-mail beme back later and I'll post his response. How soon this is depends on how busy he is at work, bearing in mond we've been away for past week. t'll be today though.

Earlybird · 01/11/2004 10:47

First, are you executor for both parent's wills? Presumably, they won't die at the same time, so that is important to know.

I would find out if you are sole executor, or if you will share the job with someone else. If shared, you obviously should know who it is so that you can decide if it's someone you can work with.

Where will the wills be kept? At a solicitor's office, in a safe deposit box, or somewhere else? Obviously, you need to know who the solicitor is, where the deposit box is, etc.

Are your parent's estates sizable? Are their financial affairs complicated, or straightforward? Are things in order, or will there be alot of sorting out to do? All this will figure into how much time you will need to spend wrapping things up. Sometimes a family member as executor is entitled to some sort of financial remuneration for the work involved/time spent. If the estate is sizable, this is fair as it will consume alot of time and energy. Obviously, solicitors and banks are paid for their time, or sometimes charge a flat fee (usually a percentage) for work done.

In my experience, being an executor means working with your parent's solicitor (presumable the same person who wrote the will?). You will need to arrange for all debts to be paid, for all bequests to be carried out, and for tax returns to be filed and taxes paid. Whatever is left over will be divided between beneficiares under the terms of the will. Will you have to arrange for a house to be sold? Will the surviving spouse inherit the deceased's assets?

Lots to think about......and you're wise to plan ahead for what you've agreed to.

006 · 01/11/2004 10:52

This reply has been deleted

Message withdrawn at poster's request.

elliott · 01/11/2004 11:17

Thanks for further thoughts. Earlybird and 006 your list of questions etc is really useful. 006 yes I do fear having to sort things out while coping with the bereavement.
Things are slightly complicated in that my mum is seriously ill and possibly unlikely to survive more than a few years. This is really why it is preoccupying me at the moment, although I think her will won't be so much of a problem (I don't even know if I am executor for both of them).
I do need to know more but it is a difficult subject - I had a huge argument with my dad a few years back when I discovered he hadn't even made a will (he's 75) and I told him it wasn't fair on us not to....he finds it difficult to face up to mortality and now is not a good time with mum being ill, but I will have to try and find an appropriate moment in the next few months to bring it up. I do need to know some basic facts (like who is the solicitor!) but it will be tricky.
PResumably if the other executor is a solicitor they can do most of the work, and I'll jsut need to check and chase it up? Woudl they do stuff like see to house sales and savings policies etc?

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Earlybird · 01/11/2004 11:50

elliott - are you an only child? Just trying to determine if you are likely to have to bear the emotional and logistical burden on your own, or if there are siblings to consider.

Personally, I think it is better to rely on the solicitor for legal advice, but to do the hard graft yourself as much as possible. Remember, you (or your parent's estate) will pay the solicitor's hourly rate for any work done. It's amazing how fast those billable hours can add up. We had an absolutely obscene legal bill due for the settling of my grandfather's estate. Because the executor lived out of the country, she relied heavily on the solicitor to do things that could have been done by a family member.

Also, because my grandfather (perhaps like your father) didn't do any proper estate planning, we had to pay an enormous amount of tax - some of which could have been avoided if he had taken advantage of the solicitor's advice. As hard as your father finds it to face up to this task, I feel sure that he doesn't want to have a big (and expensive) mess which is what would happen if he dies without a will.

Would your father let you help him out now? Perhaps make a solicitor's appointment for him, take him there, and then pick him up afterward? I find myself paralysed and avoidant of big/overwhelming/depressing tasks, and sounds as if your father is experiencing that too.

elliott · 01/11/2004 12:12

earlybird, I have two older brothers - eldest doesn't want to be involved as he was executor for our grandmother and it rather put him off(!), but he will probably provide some help and support when it comes to it; middle one totally hopeless and irresponsible. tbh I am probably the best at financial and legal stuff of the three of us.
Unfortunately my dad hates being 'helped' so I have to be careful how intrusive I am (this is why we argued about it before - although at least that did directly result in him sorting things out to the extent of actually having a will). REally if I can get to the point of knowing where the will is, who the solicitor is and ideally a list of his policies/accounts that would be a huge step forward. I think I will also try and read about it - isn't there a Which? book on probate - then at least I will feel prepared. Horribly thing to have to think about though.

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