Excecutor of a will, what does this entail?

[Donbean]

My dad has asked me to be one of his exsecutors, what does this mean and what will i have to do?

Donbean - pardon me for saying so, but it seems to me that this will/estate/executor situation of your Father's is almost guaranteed to cause upset and conflict the way it is currently set out. It does not need to be that way, and should not be that way. He needs to simplify and streamline.

I have now spokenm to DH and these are his replies in brief. However he does say the easiest way to answer all your questions is to actually speak to a solicitor in person if you can, as easier to explain verbally than write it out short hand.

1. Why would exectuors be girlf parents and not girlf?

Could be any number of reasons from lack of trust, to girlf not wanting to do it or him wanting to protect from the stresses, etc.

2. How set in stone is a will?

It is set in stone and changes can only made to the will, after death, if all beneficiairies agree to that change.

3. How easy is it to contest a will?

A will can be contested on 3 grounds:

• if person did not have mental capacity when making/signing the will
• if person was under undue influence of others when making.signing the will
• it the will does not provided for (the claimant) and they were finanically dependent on him prior to death

However, as people become more letigious, it is becoming more common and easier to contest a will.

4. Did you need to present when will was made/signbed to be an executor?

No

5. What clain would your mum have on your dad, after being divorced for years?

None, unless there was no clean break settlement when they got divorced.

6. If there are 4 executors, and they may not see eye to eye, how are decisions made?

Firstly if it suspected the executors cannot agree they should not all be appointed as executors. Better to use someone independent if that is the case, such as a solicitor.

If you can't agree, decisions would be made through a court order.

7. Does your sister need to be told she isn't an executior?

No.

8. How long may it take?

Using, a specialised probate lawyer, the average simple will should be sorted out within 4 months; a more contentious one may be 18 months or longer. Obviosuly using a specialised probate lawyer, rather than a general practise lawyer, will reduce the times.

BTW, iyou father can choose whichever executors he wished and does not need to tell anyone who they are. If he insists you can't insist on refusing to be executor in the will at this stage. However you can renounce the role at death.

Have to say that will writing company wills are more likely to cause problems during probate than a properly written will. Dh makes much more money sorting out these (often) badly drafted wills - they are generally NOT written by specialised "will" solictors and they are usually "one for all" type wills, not looking into the background carefully into each client. Basically you get what you pay for (and often not even that).

In your dad's situation I (not asked DH) would think it would be better to have a solicitor as one of the executors TBH.

Hope this helps.

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No you can't as it is a fundamental change to the will. You will need either a new will or a codacil. You need to contact the solicitor who wrote your will really, or a new solicitor if you prefer.

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A cocidil is like an appenidx.

You can do your own will so long as you follow all the rules set - signed, witnessed, etc.

Home made wills really are not to be recommended, even more so than horrid will wiritng companies. They do generally create more work for the solicitors after death, during probate, - and hence more money out of your estate. It is generally conisdered a false economy. But you are legally able to write your own wills, you're right.

Not an appendix - appendices!!!!

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You would have to type whole thing out, as it is bar the change. And then have it resigned with independent witnesses etc. That would be best way. But obviosuly ensure that you do not replicate any of the original solicitor's firms details - as they will no longer be the writers of the will, and would no longer be responsible for the will if something went wrong at probate.

Thankyou and thank your DH, that information is invaluable to me. Im very grateful.
As it stands i think/presume that this will is a temperary stop gap for now as my dad plans to get married next year to his girlfriend and so i assume that every thing changes from there. (legally speaking)
He must be wanting to safegaurd his ds's interests (naturally so)so that if any thing happens between now and his wedding, the little chap will be provided for.
I will strongly suggest that he employs a solicitor to get this thing done in a water tight fashion, sooner rather than later.
Early bird, you are right in what you say, this surely can be done in an easier way. Thanks for your input too, all advice and alternative views are gratefully recieved.

No worries; he is used to me keep asking him stuff now! And, as he has had a fair bit of work through MN now, he doesn't mind.

He doesn't need to wait until his wedding for thew will either. A good will will take into account what happens after the marriage, so that he doesn't need to waste money on getting two wills drawn up in such a short space of time. I do recommend a proper solicitor in the first place though.

Our will was drawn up before our wedding, and it is still in place. Needs an update now though - must get DH on the case!

Its an eye opener TBH.
These companies that advertise "half price wills drawn up". you presume that they are legally sound and binding dont you.
My dad genuinely thinks that not only has he got himself a bargain but that he has settled every thing that should happen in stone.
Im afraid that he has parted with his £49 to this company and that they have been and written whatever it is that he has requested.
Quite frankly i dont think that it will be worth the paper that it is written on whan the time comes for his wishes to be made known...not to my angry family any way.

I am afrqaid with things like this onlt time will tell; but will companies on the whole are not to be recommended. They are not specialists and they just do very basic "one will fits all" type stuff. They do not work very well when hthere is anything remotely un-simple involved.

But I guess whilst people still use them they will keep advertising and getting away with prvoiding people with substandard wills. Same as home made wills.

I really can't understand why people are willing, with something so potentially important, are willing to risk it TBH.