Will problems. Any one with legal knowledge about?

[jofeb04]

Hiya,
My dh's grandfather has passed away very recently, but when looking for a will, they noticed that the execator (I think that is it, but may not be), was also the one who was getting the full estate.

I thought this couldn't happen.

Anyone know?

A question frequently asked is whether an executor can also be a beneficiary. The answer is yes, provided the Will contains the appropriate wording. However executors, beneficiaries, or the spouses of executors, beneficiaries, MUST not witness Wills as gifts to witnesses or their spouses will not be allowed to stand, Save for exceptional cases.

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Thanks for that information. Still not too sure what it means though

Who witmessed the will being signed off ?

The Executor is the person who administers the Will - ie who collects in the assets and distributes them according to the Will, sorts out paying bills, etc. It is quite common for them to also be the main beneficiary.

btw, the Executor is normally named in the first couple of clauses of the Will.

Thanks for that. Just hoping it doesn't break a family up

My husband is one of my executors and the sole beneficiary. And vice versa.

The Executor is responsible for administering the Will in accordance with the Will, and in accordance with the law. He will, therefore, be legally responsible if he fails to administer the Will properly.

Although if the Executor is also the sole beneficiary, there's not a lot anyone can do to interfere with that, unless of course they believe the Will to be invalid for any reason.