My feed
Premium

Please
or
to access all these features

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Executor of a will - hassle or not

3 replies

Muminwestlondon · 28/01/2013 20:44

DH has agreed to be executor of his mum's estate along with one of his brothers. I am not happy about this, firstly because she lives in Eire and we are in London, so logistic issues and secondly because MIL is refusing to tell him the contents of her will. There is not much money, that is not the issue but I think there will be a lot of spiteful surprises re family heirlooms and personal effects and he will have to carry them out.

Another issue is that PIL took out a loan on the house which is due for repayment on their death and DH had to sign something agreeing to do his best to sell it ASAP/market rate. This is probs standard but I feel he is under an obligation to the bank.

All the papers are were signed a while back. Can DH just back out (and ask his sis to do it) or does that oblige MIL to see the solicitor again for an expensive redraft? ( no DIY in Eire)

OP posts:
Report
Lilymaid · 28/01/2013 20:53

I wouldn't do it if the testatrix lived in Ireland. I've been an executor on three occasions and have found that you need to physically get hold of all the paperwork/access banks etc so it would be more difficult if you have to go over to Ireland to do that.
And you always have some problems with other beneficiaries, so it is a thankless task!

Report
mirry2 · 28/01/2013 21:02

I agree it's a thankless and very time consuming task.
Your dh can take his travel and other reasonable expenses from the estate but will have to provide an itemised statement to the other beneficiaries. In my experience at least one of them will object to the expense claim.

Your dh could always give his brother the bulk of the administrative duties, provided the brother agrees.

Report
greenfolder · 29/01/2013 11:02

In the UK even if you are named as executor, you are not obliged to do it. Dh could just agree with sibs that its not practical for him to do this and bow out after the death. Not sure if its the same in ireland

Report
Please create an account

To comment on this thread you need to create a Mumsnet account.