Suspicious about a Wills.

[Notch7]

Never appoint a solicitor as an executor.......unless you want to pay him a vast sum of money.

My BIL had this happen to him. When his father died, the will appointed executors. Result was, the solicitor charged over £10k and did bugger all for it. My BIL did most of the running round to tie up all the bank accounts, house etc etc.

 

[SirGalahad]

Never appoint a solicitor as an executor.......unless you want to pay him a vast sum of money.

My BIL had this happen to him. When his father died, the will appointed executors. Result was, the solicitor charged over £10k and did bugger all for it. My BIL did most of the running round to tie up all the bank accounts, house etc etc.

Just like when you buy a property.

 

[charliegolf]

To execute a will where there is just a property, insurances, capital and a homeful of posessions, you just have to be able to read and do arithmetic. Gaining probate where there is no will is just as straightforward. There's loads of 'how-to' websites to get a feel for the process.

Going back to the OP... I was my MIL's executor, and she had an estranged daughter who wanted 'to contest', 'cos, ' I have rights'. Well, if there is a legal will, you have no other rights than those therein. The main reasons to challenge are mental capacity, coercion; or if there turned out to be dependent kids not mentioned in the will. I asked our family solicitor if I should be worried, and he said not at all. He suggested that if the daughter had gone to law, the lawyer would have almost certainly said to her, "OK, give me a grand on account, and I'll call you when it's all gone to get some more". That usually sorts things out, and that's his own usual tack. Nothing came of it.

CG

 

[big-all]

Just like when you buy a property.

my dad was very well organized but this actually made the job far far harder as he didnt throw away or mark accounts as closed so had to write to perhaps 20 extra institutions in case there where any fund held
you have to be care full paying an executor as they take a percentage off all the estate and as about 60% had already been distributed during my dads life with that being balanced out when the estate was finalized but would still be included as they whern't gifts but loans
i can still remember the percentages now
5 brothers share 2/3rds 13.3333 %and 16 grandchildren get 2.08% off the rest

 

[Biker1959]

charliegolf said: ↑
I've been an executor twice and did no such thing. Neither did I come across any such legal requirement to do so. Further, the grounds for contesting a legal will are extremely few; and the evidence demands onerous. Only one winner usually- the lawyers.

CG

You are fortunate then- if it transpired that someone was owed money by the estate (e.g. overpaid benefits from the Government) you would be personally liable to pay it.



Read more: https://www.diynot.com/diy/threads/suspicious-about-a-wills.515126/#ixzz5azGWjARp

 

[charliegolf]

CG

You are fortunate then- if it transpired that someone was owed money by the estate (e.g. overpaid benefits from the Government) you would be personally liable to pay it.

I didn't say you need do nothing! Priority one is to settle the estate. Common wording kinda says it all:

" I GIVE my estate to my executors and trustees to hold on trust and pay my debts, taxes and testamentary expenses and pay the residue to xxx"

Banks, credit card issuers and benefits are generally one-stop shops thes days.

CG

 

[ban-all-sheds]

https://www.thegazette.co.uk/wills-and-probate/content/100081