Options
Husband's just found out he's the executor of a will
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.
0
Comments
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.
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
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.
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?
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.
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.