What fairness, is not an executor just that, to execute instructions and wishes as per the Will?
I get an Executor might screw up, not suitable, be a source of great concern and so on and that under UK and Scottish law there is legal solution to this which can be sought.
I'm surprised to learn however it's advised in Scotland that an Executor should not also be a beneficiary and still don't understand why?
I am the co-executor for one of my elderly relatives with a very modest "estate"...her will includes a list of jewellery items to go to various people that are of very little overall value (probably less than £500 tops).
Since her solicitor (who has the original) will not have keys to the home and has already said he doesn't want the job of raking through her jewellery box to distribute them I have a photocopy so I can get that part of the job done right.
A copy of my will is in my filing cabinet filed as "will" as the executors and beneficiaries know but another fully executed copy is with a beneficiary just in case. They gave an incentive to keep it safe and what if I die in a fire. Is look pretty disorganised then!
Slightly off topic but November is Will Aid month. Take a look at willaid.org.uk and get a ill written with a contribution to charity if do not already have one.
Personally I would tell the executor(s) where the will is and not give them a copy. You may want to alter it before death and they may not need to know why.
A copy of my will is in my filing cabinet filed as "will" as the executors and beneficiaries know but another fully executed copy is with a beneficiary just in case. They gave an incentive to keep it safe and what if I die in a fire. Is look pretty disorganised then!
So where is the original, I mean, have you told your executors where it is?
So where is the original, I mean, have you told your executors where it is?
And what does " fully executed copy" mean?
I'd imagine its the properly signed/witnessed copy of the will, the one in the cabinet is just a copy as atleast should someone die on a thursday at easter they won't have to wait till tuesday or even later to be able to make a start on sorting things out as there may be specific things in the will that the quicker they're roughly sorted out the better so when the official will is released people are a few days ahead such as booking a specific vicar etc and even making an appointment to get the death certificates sorted
But it is not a copy of a Will then, it is a/the Will.
An exact copy of a/the Will, has no legal validity unless so ordered by a UK Court and I assume the same for Scotland.
I'm not sure an Executor/s can even act, ( using a copy), on instructions contained therein without having the actual Will in their possession.
It is not a copy of your Will or a copy of my Will, it is the Will, any copies of that Will are just that, copies of and for information purposes only.
And I'm still not sure as to what unfair advantage/conflict of interest an Executor come beneficiary has under Scottish law.
Sure they can slow things up for eager beneficiaries, not act properly and so on but they would then be liable, at least under UK law if this is shown to be the case.
Is Scottish testate law that much different in such matters to ours?
I was simply surprised to read Scottish law advises, one person not to be both.
But it is not a copy of a Will then, it is a/the Will.
An exact copy of a/the Will, has no legal validity unless so ordered by a UK Court.
I'm not sure an Executor/s can even act, ( using a copy), on instructions contained therein without having the actual Will in their possession.
It is not a copy of your Will or a copy of my Will, it is the Will, any copies of that Will are just that, copies of and for information purposes only.
And I'm still not sure as to what unfair advantage/conflict of interest an Executor come beneficiary has under Scottish law.
Sure they can slow things up for eager beneficiaries, not act properly and so on but they would then be liable, at least under UK law if this is shown to be the case.
Is Scottish testate law that much different in such matters to ours?
I was simply surprised to read Scottish law advises, one person not to be both.
What i meant was its just an unsigned and thus unvalidatable copy and as you said for information only of the will but it can give the executors perhaps some insight should the proper copy be unavailable for some reason/time to begin the rough groundwork, so no ones actually got anything just if it says x is to have y try and find it etc, ring up the vicar to see if he'll perform the service etc to save on time
I was simply surprised to read Scottish law advises, one person not to be both.
Speaking as a Scottish solicitor, I can confirm there is no such general advice, and (although the law is different from England) nothing peculiar which makes appointing a beneficiary more problematic. It's all a matter of personal preference, and the vast majority of estates are wound up without anything contentious happening.
What i meant was its just an unsigned and thus unvalidatable copy and as you said for information only of the will but it can give the executors perhaps some insight should the proper copy be unavailable for some reason/time to begin the rough groundwork, so no ones actually got anything just if it says x is to have y try and find it etc, ring up the vicar to see if he'll perform the service etc to save on time
Speaking as a Scottish solicitor, I can confirm there is no such general advice, and (although the law is different from England) nothing peculiar which makes appointing a beneficiary more problematic. It's all a matter of personal preference, and the vast majority of estates are wound up without anything contentious happening.
Comments
That other beneficiaries might question their fairness. That can lead to quarrels but that depends on family dynamics.
I get an Executor might screw up, not suitable, be a source of great concern and so on and that under UK and Scottish law there is legal solution to this which can be sought.
I'm surprised to learn however it's advised in Scotland that an Executor should not also be a beneficiary and still don't understand why?
If it's a home cooked will then it's a bit different. Best way IS probably to lodge it with the executor or maybe your bank, say.
I am the co-executor for one of my elderly relatives with a very modest "estate"...her will includes a list of jewellery items to go to various people that are of very little overall value (probably less than £500 tops).
Since her solicitor (who has the original) will not have keys to the home and has already said he doesn't want the job of raking through her jewellery box to distribute them I have a photocopy so I can get that part of the job done right.
Personally I would tell the executor(s) where the will is and not give them a copy. You may want to alter it before death and they may not need to know why.
And what does " fully executed copy" mean?
I'd imagine its the properly signed/witnessed copy of the will, the one in the cabinet is just a copy as atleast should someone die on a thursday at easter they won't have to wait till tuesday or even later to be able to make a start on sorting things out as there may be specific things in the will that the quicker they're roughly sorted out the better so when the official will is released people are a few days ahead such as booking a specific vicar etc and even making an appointment to get the death certificates sorted
An exact copy of a/the Will, has no legal validity unless so ordered by a UK Court and I assume the same for Scotland.
I'm not sure an Executor/s can even act, ( using a copy), on instructions contained therein without having the actual Will in their possession.
It is not a copy of your Will or a copy of my Will, it is the Will, any copies of that Will are just that, copies of and for information purposes only.
And I'm still not sure as to what unfair advantage/conflict of interest an Executor come beneficiary has under Scottish law.
Sure they can slow things up for eager beneficiaries, not act properly and so on but they would then be liable, at least under UK law if this is shown to be the case.
Is Scottish testate law that much different in such matters to ours?
I was simply surprised to read Scottish law advises, one person not to be both.
What i meant was its just an unsigned and thus unvalidatable copy and as you said for information only of the will but it can give the executors perhaps some insight should the proper copy be unavailable for some reason/time to begin the rough groundwork, so no ones actually got anything just if it says x is to have y try and find it etc, ring up the vicar to see if he'll perform the service etc to save on time
Speaking as a Scottish solicitor, I can confirm there is no such general advice, and (although the law is different from England) nothing peculiar which makes appointing a beneficiary more problematic. It's all a matter of personal preference, and the vast majority of estates are wound up without anything contentious happening.
This is what I thought to be the case.