Co-Executor Question

[Samelia]

Hello!

My grandfather passed just over a month ago and I was surprised to be named as executor alongside my uncle.

my father and grandfather were estranged for over 15 years and I know only too well his feelings towards my father having any of his estate.

My uncle has not yet shown me the will, only told me that he wishes to ‘look after’ my father. Might be worth noting that uncle is a barrister.

He emailed me asking me to send an email to the solicitor holding the original copy to release it to him… I have done this so that we can apply for probate but is it strange that I have still not seen the will? I haven’t asked as I don’t wish to rock the boat. Is there a way of seeing a copy without approaching him. And am I able to insist that my grandfathers wishes are upheld? I’m scared of being bullied into something because he has the legal knowledge that I do not.

Also, worth noting that my grandmother is still alive but in a dementia home and very frail. As I’ve not seen the will I don’t know if everything goes in trust for her.

My worry is that he will try and bypass me with any important decisions. Is this impossible no matter his qualification?

[PallasAthena]

Take this in stages Samelia

So the original Will is still with the solicitors who drew it up. Your uncle and co-excutor is asking you to get it. As you say, you will need the original to apply for Probate.

If the solicitor is near enough for you to visit in person then I would do that. Contact the solicitor and make an appointment to go in and collect it (it may be stored off-site and they may need a few days to get it delivered back to their office). You will need to take an original death certificate and photo ID for yourself to identify you as an Executor.

Once you have the original Will it will answer your questions about who the beneficiaries are. There is no way for you can find out what the Will says before you have collected it from the solicitor. It's possible your Uncle was given a photocopy by your grandfather but don't worry about getting hold of that, just get the original. Keep photocopies for yourself.

You can pass the original to your uncle, I can't think why that would be a problem. But don't get the solicitor to send the original directly to your uncle without it passing through your hands. You are a joint executor and you are as entitled to have the original will as he is, even if he is a barrister.

When you collect it from the solicitor it's worth you asking the solicitor to give you two 'certified copies' of it as well (one for you, one for your uncle). They are photocopies that the solicitor stamps and signs to confirm they true copies of the original. They are useful when dealing with banks and other organisations before you get Probate. The solicitor will charge you for the certified copies but that is a legitimate Executor's expense that can be reimbursed to you from the Estate, so get a receipt.

Once you have it come back here for more advice.

[Samelia]

Hi,

First of all, thank you so much for your reply.

Unfortunately, I have already emailed the solicitor and requested they release the original will to him. He gave me a paragraph to copy and paste along with my identity documents. I did call the solicitor and check that this was ok, she said that I could request a copy which I have done but haven’t received it as yet. This was all done on Wednesday afternoon and have heard nothing from either her nor my uncle since…

[atticus]

Wednesday afternoon was yesterday! Give them a chance.

[Samelia]

Hi, yes it was. I was just stating when it was done, I don’t have any idea how long these things take.

I don’t have a copy of the death certificate either. My uncle has these. I haven’t even seen it.

[des8]

Hi, yes it was. I was just stating when it was done, I don’t have any idea how long these things take.

I don’t have a copy of the death certificate either. My uncle has these. I haven’t even seen it.

Order your own copy: https://www.gov.uk/order-copy-birth-...ge-certificate

[Samelia]

I was hoping to be able to do that but it states the event must have happened more than 6 months ago to be able to order one. I don’t know the GRO number or anything. I may have to contact the records office.

[des8]

Try the office where the death was registered ....might be lucky if they are feeling helpful

[PallasAthena]

Why not just ask your uncle for a copy of the death certificate and a copy of the will? AS he's a barrister he will know that you are entitled to them.

At some point you are going to have to sit down with your uncle and discuss the questions you have about the Estate and how you will work together as joint Executors. It may be that you decide your Uncle will be the executor adminsitering the Estate and named on the grant of Probate and you will agree to be an Executor with "Power Reserved". If you do some online research and you will find explanations of this.

To answer your question about whether a Will can be changed after your grandfather's death, the answer is yes, that is possible. But no your Uncle cannot decide that his own. It's not the Executors who have the power to decide the change but the beneficiaries. It's usually known as a "Deed of Variation". Some information here on gov.uk Change a will after a death - GOV.UK (www.gov.uk) Search online for 'Will deed of variation England' and you will find dozens of sites explaining it.

[Samelia]

Thank you so much for your help. My Uncle, myself and my two children are the only named beneficiaries as far as I could see from when he wafted the will in front of my face at the funeral.

I will give it a week and if I’ve not heard anything more, I will get in touch with him.

thanks again. You

[PallasAthena]

If by "looking after your father" your uncle means varying the will so that the four existing beneficiaries get a reduced amount then that could only be done with your agreement. Because it would mean that as a beneficiary you would get less than in the will as it stands.

If your Uncle means he will pay your father out of his (Uncle's) share then that's up to him. He can do what likes with his share.

[Samelia]

Hi,

I do now have a copy of the will and codacil. Essentially, my grandfather has left his share of the house to my Nana who is currently residing in a dementia home. His residuary estate he has left to my Uncle. The reason I saw mine and my childrens names in there is because if my Uncle was deceased we would then be beneficiaries in equal share. My Uncle and I are both executors and trustees, Grandad wishes his share of the house to be kept in trust for my Nana for the rest of her life - I notice that he has put the house on the market already.

As Executor and Trustee does he need my signature before doing anything in relation to my Nana's trust? I assume because my Nana is incapacitated, he will be free to pass any of the estate on to my Dad despite it being against my Grandads wishes?

[atticus]

Are you named on the Grant of Probate?

[Samelia]

How would I know this? I was asked to provide my ID to the solicitor release of the original will but nothing further has been asked of me since then. I have given no signatures yet for anything.

[atticus]

Have you sworn an oath for executors?

Has Probate been granted? Search here: https://probatesearch.service.gov.uk/