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Husband's just found out he's the executor of a will

sunnymegsunnymeg Posts: 1,312
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Husband has just had a phone call from someone we only know vaguely to say that he is named as executor of their deceased mother's will. My husband was never asked to be the executor and would have certainly refused if he had been asked. How does he stand legally? I know that executors can ask for a solicitor to handle the estate, but to tell the truth he doesn't wish to be involved at all. Can he inforrm probate office (?) that he was named as executor without his knowedge? Apparently the will was drawn up on one of these do it yourself forms.

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    InkblotInkblot Posts: 26,889
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    http://www.willswithoutpain.com/executors.html has some info, and if you Google "can I refuse to be an executor" loads of results appear. He can certainly refuse.

    This sounds like a very unusual situation as it's normal to ask whether someone will act as executor before making the will. It would also be normal for more than one executor to be named and if one is unable or unwilling to act then the other does it.
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    JonDoeJonDoe Posts: 31,598
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    Will.I.Am, with a bit of luck.
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    Lou KellyLou Kelly Posts: 2,778
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    Another link with options for you
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    gadgettegadgette Posts: 58
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    This may help from Citizens Advice website: http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/dealing_with_the_financial_affairs_of_someone_who_has_died.htm. There's a paragraph about being appointed executor but not wanting to do it towards the end.

    Basically your husband can either appoint someone else or renounce the duty. He should have been asked if he was prepared to act as executor first. Good luck
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    sunnymegsunnymeg Posts: 1,312
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    Thanks very much. He is the only named executor. The will was only drawn up a few days before she died. He worked with one of her sons, but that was over 10 years ago and they never socialised. It is all a bit odd to say the least.
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    c4rvc4rv Posts: 29,622
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    You can refuse however if you choose to accept I believe you should be able to claim reasonable expenses to cover your time and effort along with any actual expenses.
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    davidmcndavidmcn Posts: 12,111
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    c4rv wrote: »
    You can refuse however if you choose to accept I believe you should be able to claim reasonable expenses to cover your time and effort along with any actual expenses.

    You can certainly claim for out-of-pocket expenses, but not for your time unless the Will says so - and usually the relevant clause only permits a fee to be charged if an executor is actually providing professional services to the estate e.g. as a solicitor. The beneficiaries may, of course, be happy to pay the executor something if they wish.
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    matilda49matilda49 Posts: 173
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    Sorry to rain on your parade OP.!!! We had a problem with my MILs co executor (a cousin of husband). Husband was joint executor with him

    He initially didnt act at all.... and we couldnt sell house without his signature. He was expecting more from the estate.!!

    Eventually we won him round with a promise of more cash and then he did agree to "step back" and allow husband to proceed. I believe it is called "power reserved"

    We need to make a will... and although my only child will be one executor ... have no idea who to appoint as another !

    Any advice?
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    AmberPandaAmberPanda Posts: 461
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    matilda49 wrote: »
    Sorry to rain on your parade OP.!!! We had a problem with my MILs co executor (a cousin of husband). Husband was joint executor with him

    He initially didnt act at all.... and we couldnt sell house without his signature. He was expecting more from the estate.!!

    Eventually we won him round with a promise of more cash and then he did agree to "step back" and allow husband to proceed. I believe it is called "power reserved"

    We need to make a will... and although my only child will be one executor ... have no idea who to appoint as another !

    Any advice?
    Why do you want another executor apart from your only child, it is not necessary, when my mother died I was sole executor and beneficiary, in fact less people getting involved the better.
    I must admit its very strange that the OP's husband was not asked if he would be an executor and can understand why he is reluctant to commit to the task.
    This web site tells you how to renounce a role as an executor.
    http://www.lawpack.co.uk/probate/articles/article7428.asp
    It is not difficult to execute a will, the Probate Office is very helpfull, I have executed two wills on my own without a solicitor and must admit found the whole operation very interesting.
    The advantage of doing it yourself is you get it finished much quicker and save money by not having to pay the solicitors fee.
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    this_is_methis_is_me Posts: 1,304
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    sunnymeg wrote: »
    Thanks very much. He is the only named executor. The will was only drawn up a few days before she died. He worked with one of her sons, but that was over 10 years ago and they never socialised. It is all a bit odd to say the least.

    Sounds like the son didn't want to do it himself, but also wanted to save money by getting by not getting a professional to do it. Very selfish of the son.I would certainly renounce if I was put in this position.
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    [Deleted User][Deleted User] Posts: 2,429
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    Your husband has every right to refuse to be an executor and he should do it asap from the outset. Being an executor has legal responsibilities and can also be very time consuming, it's not really good practise to appoint someone without their permission.
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