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Grant of probate

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  • Grant of probate

    My mum made me sole executor of her will and if i died before her then my cousin would be executor, Then in the will it states that my cousin would receive £1k if she takes out a grant of probate on mums estate, does that mean she's automatically entitled to the money or only apply if i was dead and she was executor???
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  • #2


    If your mother has passed, please accept our condolences

    Without seeing the actual wording it is difficult to be certain, but it seems your mother was aiming to pay your cousin if she had to act as executor.
    Unless the will specifically allows a lay executor a payment, that executor can only claim expenses and not charge for their time.
    It seems your mother knew this and ensured your cousin's work as executor would be recognised.

    If your cousin is not acting as executor she should not receive the money.

    The above is subject to the wording of the will, and if in doubt consult a solicitor

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    • #3
      Word for word it says If she takes out a grant of probate in my estate, but like I said before she only becomes executor if i died before mum.

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      • #4
        Well if you took the grant and she hasn't, the payment is not made to her but lapses back into the residuary estate

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