Executor & Life Interest Trustee

[SevenOfNine]

I understand an executor can either act, renounce or reserve powers, but what about a trustee for a life interest trust?

I discovered that one of my brothers had named me as executor in his Will (he's 71 & I'm 66), though surprised that he didn't consider ASKING first, I thought rather than argue about it, when the time comes I'll just renounce & the 2 beneficiaries who are his long term partner &/or adult daughter (she's mid 40s so certainly old enough), can step in.

As we've just inherited from our deceased mum he decided to revise his Will, I told him he should name his partner &/or daughter as executors & not me, but I'd lend them a hand if necessary. Anyway, against my wishes he decided I was still the person he wanted & but he's also added his partner's adult daughter given that she works for a solicitor & has dealt with probate before, (so have I, 4 times now but that doesn't mean I like it or want it as a hobby!).

I'll renounce the role of executor given that he won't listen to the word "NO", but I'm absolutely HORRIFIED to find it's not just probate I'm earmarked for, he's set up a Life Interest Trust for his partner. She & his daughter will share all monetary funds when he dies, but he owns 50% of a shared ownership house (local council own other 50% & he pays them rent) & his partner will take on the tenancy part & have a life interest in his half, with the right to remain in the property until she dies, remarries or co-habits.

I'm FURIOUS at what he's done, I do not want to be a trustee along with the other executor (though I think she may be more than suitable, I'm not). There will be war between his partner & his own daughter & I don't want this in my life now, let alone years to come. As far as I know there won't even be any estate funds set aside for any expenses, the partner will take on the upkeep, apparently.

Can anyone give me some hope that there's a simple 'step aside' process I can take when the time comes. I don't want this hanging over me for years to come & he simply won't hear that he should not have done this without my permission.

Thanks.

[echat11]

I think you should simply write to him stating that he is better off leaving you out of it, simply because you will do it anyway.

You already have the forms filled in to do it. If he puts the correct person in now, it will be less 'messy' in the long term.
You might want to send him a photocopy of the filled in form as proof of your future actions, hopefully that we make him
change it to the correct person now and save you the ongoing anxiety.

Here's some info and the form -

https://www.gov.uk/government/public...xecutor-rights

[SevenOfNine]

Unfortunately I've only just found out what he's done, too late. I nearly had a heart attack when he 'mentioned' that not only was I an executor, I was trustee of the Life Interest as well! I doubt he's grasped the responsibility he's dumped in my lap, he's paid £2k for it, I think he saw a STEP registered solicitor.

Thanks for the link, I'll keep that in mind for when the time comes, but I need to find out how to relinquish trusteeship (if that's what it's called) as well, or if I can nominate others maybe. Not sure if the other trustee can act on her own, I think I read you must have between 2 & 4 people.

At this rate I'll kill him myself, he'll be 6 feet under sooner than he thinks.

[echat11]

Don't do that, as you pointed out, that's when your troubles will really start (that did make me smile).