Wills (a general question)

VenetianVenetian Posts: 28,471
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Can anyone tell me if you can be an Executor of someone's estate and also a beneficiary of the same?
Thanks.

Comments

  • Isambard BrunelIsambard Brunel Posts: 6,598
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    It's only a witness who can't be a beneficiary.
  • codebluecodeblue Posts: 14,072
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    Venetian wrote: »
    Can anyone tell me if you can be an Executor of someone's estate and also a beneficiary of the same?
    Thanks.

    yes of course

    ask them beforehand though, as they become responsible for the estate and paying anything due on it.

    they themselves become personally liable if they distribute it without paying the debts first.
  • petersonpeterson Posts: 3,739
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    Certainly, my two daughters are both executors and beneficiaries.
    Solicitor who drew the will up was quite happy with this.
  • codebluecodeblue Posts: 14,072
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    peterson wrote: »
    Certainly, my two daughters are both executors and beneficiaries.
    Solicitor who drew the will up was quite happy with this.

    ill bet he was, getting paid for basically doing nothing!
  • duckyluckyduckylucky Posts: 13,845
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    codeblue wrote: »
    ill bet he was, getting paid for basically doing nothing!

    How do you know what the solicitor did ?
  • AmberPandaAmberPanda Posts: 461
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    codeblue wrote: »
    ill bet he was, getting paid for basically doing nothing!
    No he's not, you have to pay for the will to be drawn up but should the daughters decide to do the probate themselves then no solicitor will receive a fee.
    I have done two probate's myself, mother and husband so no solicitor involved.
  • albertdalbertd Posts: 14,355
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    It's only a witness who can't be a beneficiary.
    Speaking of witnesses, I understand that it is very important that the witnesses are actually present when the will is signed and that all the signing dates are the same.

    The point is that the witnesses are saying that the person signing the will really is who they claim to be, so if they are not present and just sign it later, they cannot know.
  • codebluecodeblue Posts: 14,072
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    albertd wrote: »
    Speaking of witnesses, I understand that it is very important that the witnesses are actually present when the will is signed and that all the signing dates are the same.

    otherwise what exactly would they be a witness to?
  • 1965Wolf1965Wolf Posts: 1,783
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    It's only a witness who can't be a beneficiary.

    Nor should the witness's spouse or civil partner. If a either a beneficiary or his/her spouse or civil partner witnesses the gift is void.

    It is simple but little known rules such as this- and there are loads of others- which call for wills to be professionally prepared. After all they know the law- others don't.
  • VenetianVenetian Posts: 28,471
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    Many thanks to those who answered my original question and for the additional information provided. Very grateful.
  • albertdalbertd Posts: 14,355
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    codeblue wrote: »
    otherwise what exactly would they be a witness to?
    Quite. However, I heard of a recent case associated with my family where the witnesses had dated differently and it caused all sorts of problems for the executors.
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