| Executor of a will 18:43 - Nov 22 with 2456 views | enfieldargh |
My wife is the executor of a will of a distant aunt....who is still alive but is now saying her neighbours (not family) bare going to sell her flat and put her in a residential home(she is 91).
Thats fine by us if its her choice (shes a pain in the wotsit) and she wants this couple to deal with all her matters from now on)
How does one discharge themselves of being an executor of someones Will . We dont want any comeback on us when shes gone and these neighbours have lacked certain scruples.
She is of sound mind although always been a bit dithery for the past 20 years.
My wife is also her next of kin although we believe there is a step niece somewhere .
Any legal eagles out there have any input?
(yes her property is worth a bit but a care home in leafy North London aint going to be cheap) |  |
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| Executor of a will on 21:09 - Nov 22 with 2330 views | CiderwithRsie |
When you say "discharge themselves" do you mean give up being the executor?
You don't have to be an executor if you don't want to - you (i.e. your wife) can either appoint someone else to do it (e.g. a lawyer or other professional) or can refuse to act at all, so long as she doesn't start. (Once you've started you can't just give it up, though I think you could still appoint someone else to do the legal work).
Quote from Adviceguide (the CAB website, and a damn useful source for this sort of thing btw):
"If you are an executor and you do not wish to act
Even if you have been named as an executor in someone's will, you may not wish to, or be able to, act. You can appoint someone else to apply for probate on your behalf. To do this, fill in their details on form PA1. The other person will then be sent a form to sign.
Example: Jane's father died. In his will, he named his wife, Amara as his executor and left his estate to her. Amara is too frail to carry out the duties of executor so she appoints Jane to act on her behalf.
You may not want to appoint someone else to act for you. You can still refuse to act, as long as the person who made the will has died and you have not already started to deal with the estate. This is called renouncing.
To renounce, you fill in a form, called a form of renunciation. You can buy this form from a specialist legal stationers such as Oyez. You can order forms from their website at: www.oyezformslink.co.uk. You then file the form at a probate registry, together with the will.
This means that someone else could then apply for letters of administration." |  | | |
| Executor of a will on 21:17 - Nov 22 with 2313 views | enfieldargh |
| Executor of a will on 21:09 - Nov 22 by CiderwithRsie |
When you say "discharge themselves" do you mean give up being the executor?
You don't have to be an executor if you don't want to - you (i.e. your wife) can either appoint someone else to do it (e.g. a lawyer or other professional) or can refuse to act at all, so long as she doesn't start. (Once you've started you can't just give it up, though I think you could still appoint someone else to do the legal work).
Quote from Adviceguide (the CAB website, and a damn useful source for this sort of thing btw):
"If you are an executor and you do not wish to act
Even if you have been named as an executor in someone's will, you may not wish to, or be able to, act. You can appoint someone else to apply for probate on your behalf. To do this, fill in their details on form PA1. The other person will then be sent a form to sign.
Example: Jane's father died. In his will, he named his wife, Amara as his executor and left his estate to her. Amara is too frail to carry out the duties of executor so she appoints Jane to act on her behalf.
You may not want to appoint someone else to act for you. You can still refuse to act, as long as the person who made the will has died and you have not already started to deal with the estate. This is called renouncing.
To renounce, you fill in a form, called a form of renunciation. You can buy this form from a specialist legal stationers such as Oyez. You can order forms from their website at: www.oyezformslink.co.uk. You then file the form at a probate registry, together with the will.
This means that someone else could then apply for letters of administration." |
Great thanks for that
Got to love this forum | |
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| Executor of a will on 21:37 - Nov 22 with 2294 views | Boston |
| Executor of a will on 21:17 - Nov 22 by enfieldargh |
Great thanks for that
Got to love this forum |
Execute a will...hmm, two in the head usually works for me. | |
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| Executor of a will on 22:02 - Nov 22 with 2271 views | distortR |
| Executor of a will on 21:37 - Nov 22 by Boston |
Execute a will...hmm, two in the head usually works for me. |
if you're thinking of the Will I am, then that's treason and they can probably still hang you for that.......... | | | |
| Executor of a will on 09:37 - Nov 23 with 2128 views | Phildo |
if she dies you must not do anything about her affairs such as arranging the funeral- known as intermeddling. If you do then you are deemed to have started out on the process as an executor and then cannot back out.
Being someones executor is a big job and not one to take on lightly as you are personally on the hook if anything goes wrong. A lot of people do it and dish out the money quickly before getting a call from an aunt in timbuktoo who look to them to pay any loss, or an old debt comes back to bite. Always take time before distributing funds - they talk about an executors year. In the mean time you will have cousin Flo an the phone who never met the old dear demanding you hand over the cash however.... |  | | |
| Executor of a will on 10:15 - Nov 23 with 2092 views | BerkoRanger |
Pretty sure the law was changed recently so that elderly people going into a care home don't have to sell their home. There is a process whereby a legal "promise" is made to the carehome that fees will be paid when your aunt dies and her flat is then sold. If your aunt was married, this would be to protect her spouse from being kicked out of her home.
Unless your aunt (who you say is of sound mind) changes her will in favour of her neighbours, I don't see how the neighbours can sell her property as they don't own it. My advice to you is to remain as executors and appoint a legal firm to do all the work. Companies like AGE UK can recommended one and they charge approx 4k to do all the work - then you can sell the flat.
Under no circumstances let the neighbours get their mits on it.
I am currently going through this Probate process as executor on behalf of my mum who died last May - she had remarried several years ago and my step dad's family are trying to get their hands on every penny! Unfortunately, wills bring out the worst greed in people.
Hope this is helpful - yep, this board is brilliant!!!
Any further help you need, let me know! [Post edited 23 Nov 2017 10:17]
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| Executor of a will on 10:30 - Nov 23 with 2072 views | hoof_hearted |
She's still alive and got her marbles so it's none of anyone's business but her own what she does and who she chooses to help her with things. Her neighbours can't sell her flat for her unless she has given them power of attorney.
The executor is irrelevant until the aunt croaks. |  | | |
| Executor of a will on 11:49 - Nov 23 with 2013 views | RangersDave |
| Executor of a will on 21:37 - Nov 22 by Boston |
Execute a will...hmm, two in the head usually works for me. |
Young and I.am, get my vote! |  |
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| Executor of a will on 11:58 - Nov 23 with 2000 views | Phildo |
| Executor of a will on 10:15 - Nov 23 by BerkoRanger |
Pretty sure the law was changed recently so that elderly people going into a care home don't have to sell their home. There is a process whereby a legal "promise" is made to the carehome that fees will be paid when your aunt dies and her flat is then sold. If your aunt was married, this would be to protect her spouse from being kicked out of her home.
Unless your aunt (who you say is of sound mind) changes her will in favour of her neighbours, I don't see how the neighbours can sell her property as they don't own it. My advice to you is to remain as executors and appoint a legal firm to do all the work. Companies like AGE UK can recommended one and they charge approx 4k to do all the work - then you can sell the flat.
Under no circumstances let the neighbours get their mits on it.
I am currently going through this Probate process as executor on behalf of my mum who died last May - she had remarried several years ago and my step dad's family are trying to get their hands on every penny! Unfortunately, wills bring out the worst greed in people.
Hope this is helpful - yep, this board is brilliant!!!
Any further help you need, let me know! [Post edited 23 Nov 2017 10:17]
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The council may fund it but will attach a charge/mortgage to the property in the interim so that they get the cash back. The council do not pay top whack so she may have to top up to get her own room.
She may have granted a lasting power of attorney to the neighbours. Alternatively they may be helping on the practical side and she still signs documents etc. A good lawyer will want to see her alone to check she knows what she is doing- a crap online or factory conveyancer based miles away will not however.
The other poster is correct a will only takes effect from death and if she has capacity (ie her marbles) she can change it at any time. A will does not give you any say during a persons life. | | | |
| Executor of a will on 14:42 - Nov 23 with 1873 views | enfieldargh |
Shes going into a private care home which she is funding through selling her flat
Probably has a fair it of money invested but shes as tight as wotsit.we would take her out for Fish & Chips once every month she never paid only her share even though we had driven to pick her up take her back etc..
Take her to the dentist doctors appointments etc which we do out of respect for my father in law. She's soppy but self centered always has been.
We suggested she take out a funeral plan a few years ago which this neighbour is now questioning.
Am going to have a meet with this couple to sort things out but thanks for the helpful advice | |
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| Executor of a will on 17:01 - Nov 23 with 1818 views | TGRRRSSS |
I am a bit suspicious of this neighbour Enfield and don't understand why they are involved or what relevance the Will and the executor has to do with the sale of the property.
The Will is irrelevant to what the person does in Life, so I'd suggest you point out that the Will is irrelevant in terms of her moving into a care home in life (as stated elsewhere).
I would check anything you can regards any kind of fraud or potential crime this neighbour maybe attempting to commit as this seems very fishy to me. [Post edited 23 Nov 2017 17:07]
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