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Being named as an Executor... Hard work beforehand

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  • Being named as an Executor... Hard work beforehand

    I have been named as an Executor and got the Will maker to authorise that we Executors can tidy up their affairs beforehand. We've run in to so many obstructions e.g. blocked sale of a property (twice); complaints about the conveyancer; demands for LPA/POA even though the Will maker is meeting privately on their own to make their Will and auhorise sale of property; theft of paperwork, bank cards and money (three times that l know of).

    Can a named Executor resign immediately on death and do they need to tell all the beneficiaries? If l outlive the Will maker, as it is now, l just want to run away even though the troublemakers are the ones getting everything. But they don't know that!

    PS The solicitors and conveyancers just got on with things and Will made, property sold, money safely in account untouched. Will maker had and still has appropriate capacity

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  • #2
    A Will cannot authorise an executor to act before the testator is dead.

    An Executor named in the Will can renounce the the role after the testator dies ( but not before) provided they have not 'intermeddled'. There is a specific procedure they must follow to renounce. They don't have to explain why. They don't formally have to notify beneficiaries but it makes practical sense to do so.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

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