Executors to a will - problem

gutteruu

My parents are writing up their will and they intended to have there 2 children (over 30) as joint executors. But the solicitor told them no. She said don't do it as it's very messy and complicated from a legal standpoint. From a legal point, is it a problem?

The other question we were wondering is what happens if the alternative executor we pick is living abroad. Can they drag it out for years and never get around to it or what happens then?

Thanks

trishasaffron

Two executors is more complicated than one unless one of them reserves their right to go ahead. But if that's what your parents want then its no big deal. Or its possible to nominate one of the children with the other to act if the first one can't or won't. A foreign executor is a problem whether its a family member or not.

Did you hear this from your parents? Bear in mind that they may be telling you what they heard (or wanted to hear) rather than what was said. They may have their own reasons for wanting to appoint someone outside the family and may be using a throw away remark of the solicitor as cover. They are their wills not anyone else's and indeed no one else should even know the contents at this stage as they can change them at any time.

Beware of discussing wills with parents and under no circumstances should you be picking the executor.

gutteruu

We all know whats what as its a clear cut will and everyone is agreed. We figured joint executors would be the easiest no hassle route as its very simple and everything is clearly defined and agreed already.

If their children can't be exectors they wanted someone young, but thats hard find these days without factoring in emmigration. They just asked me to find out what happens if the executor is abroad as the people they were thinking of will probably emmigrate at some point.

My Mum has joint executors and so do we. Both will were drawn up by Solicitors and nothing was said about it. In each case, 2 sibling children are executors, in my case I only have the 2 children, but my Mum has 6 and has picked one Son and one Daughter.

Tow

Just be careful of the solicitor being oppointed the executor, as you will have no control of their fees.

2breal

Don't do it, any of what they are thinking. Surely there must be someone in the country who could be honest and impartial. offer a paercentage of the estate as it can be quite a lot of work.

Monumental

gutteruu wrote: »

My parents are writing up their will and they intended to have there 2 children (over 30) as joint executors. But the solicitor told them no. She said don't do it as it's very messy and complicated from a legal standpoint. From a legal point, is it a problem?

The other question we were wondering is what happens if the alternative executor we pick is living abroad. Can they drag it out for years and never get around to it or what happens then?

Thanks

My late father in law appointed two of his granchildren as executors ,all good and no complications No idea why your solicitor thought there would be problems

Monumental

trishasaffron wrote: »

Two executors is more complicated than one unless one of them reserves their right to go ahead. But if that's what your parents want then its no big deal. Or its possible to nominate one of the children with the other to act if the first one can't or won't. A foreign executor is a problem whether its a family member or not.

Did you hear this from your parents? Bear in mind that they may be telling you what they heard (or wanted to hear) rather than what was said. They may have their own reasons for wanting to appoint someone outside the family and may be using a throw away remark of the solicitor as cover. They are their wills not anyone else's and indeed no one else should even know the contents at this stage as they can change them at any time.

Beware of discussing wills with parents and unde1r no circumstances should you be picking the executor.

Executers carry out the wishes contained in a will ,the will itself is witnessed by two people ,possibly the solicitor and his secretary ,witnesses cannot benefit from a will but the executers can benefit . A will can be changed at any stage once the person is of sound mind

Monumental

Monumental wrote: »

Executers carry out the wishes contained in a will ,the will itself is witnessed by two people ,possibly the solicitor and his secretary ,witnesses cannot benefit from a will but the executers can benefit . A will can be changed at any stage once the person is of sound mind

Manual spellcheck because it is annoying me : exectutors of a wiĺl

Zaph

2breal wrote: »

Don't do it, any of what they are thinking. Surely there must be someone in the country who could be honest and impartial. offer a paercentage of the estate as it can be quite a lot of work.

Seeing as the thread is 6 years old, I'm guessing that they got it sorted.