01 Oct 2016

A question about : executor question

I have a situation whereby the executor refuses to deal with a deceased estate but says will take any benefits he will be entitled to as the sole beneficiary ! I understand because of this inaction the deceased net assets will eventually go to the treasury.
My question is if you were me ( last living relative ) what would you do ?

Best answers:

  • Does the will state that the executor is the sole beneficiary?
  • Why do you say that the Treasury will get the estate? If there are surviving relatives, then it must pass to them I believe. Someone, possibly the bank or whatever government agency deals with these things, should encourage the beneficiary/executor to apply for probate. There may be reasons s/he is delaying the application, there is after all a lot to do, and from answers that I've read on other posts, there isn't actually a time limit for probate application. This is an interesting question though, and I'll be happy to be corrected.
  • There is no such thing as "wishes" on death.
    There is a will or no will.
    The other people named can administer the estate if the executor refuses.
    Best advice, put the shovel away.
  • Other people are the Benefactors of the will.
    They can administer the estate as well if the executor does not.
    If nobody does, you can apply.
    But you must do exactly what it says in the will with the estate.
    Any uncollected or refused money, goes to the state.
    You get months of hard work and unless your name is in the will, you get nothing.
  • The others named won't apply because they know nothing of the will,
    would I really have to carry out the instructions of the will if I apply and get LOA ? even thou the executor and main beneficiary renounce's all his interest .
    The lesson here is you should always ask and get permission of the person or persons you want to act as your executor or as in this case my late uncles requests will not now be carried out and all is assets will now go to complete strangers (Treasury)
  • I presume you (OP) have seen a valid will?
    If any of the named charities are of any size they will have a department that deals with legacies. I suggest you contact one of them for advice.
    If the charities are the main beneficiaries and the executor is in line for the residual and the estate is solvent then the charities can quite happily appoint a solicitor to administer the estate at the cost of the residual.
    Money (usually) talks and that may spur him into action.
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