Will/Probate

ppink

Does anyone know if there are specific tasks that a solicitor or executors of a will are legally obliged to perform.
I have a family member who is deceased circa 10years and I have recently discovered that there are still bank accounts open with fees being deducted by the bank every month, property left in storage that was never sold, shares that were never sold or dealt with etc etc.

I am slightly amazed at the bank accounts- is it not a matter fo practice to contact financial institutions to see if accounts are held there by deceased people? Or would this be up to family?

mathepac

Broadly speaking the duties of an executor are to :

"

• gather together and protect all the deceased's assets (money, shares, property, etc.) and find out their combined value
• call in any outstanding funds due (money owing to the deceased)
• pay any debts or taxes owed
• pay the funeral expenses
• make sure that the spouse and children know about their legal right share
• make sure the entitled beneficiaries or next of kin get what they are entitled to, and that ownership of property is passed on correctly"

An executor may have a solicitor to advise him / her, but an executor who does not know of a death or who has not been advised of their nomination as executor cannot undertake their duties. A nominated executor may also decline the role.

For more info, see here, where the above quotation is extracted from.

Where there is no will, a state of intestacy, some family member or other responsible individual needs to take out a grant of administration to finalise the affairs.

peking97

On a related matter does anyone here know if a person having renounced an Executorship in the past can in any circumstances resume it?