Carer being granted Power of Attorney - and 1st executor in a will

[Shane1104]

Hi all,

don't really know where to start here so it might be in a non-essential order!

My Partner's grandfather has recently passed, leaving a will naming his carer as executor, and his son (gf's dad) as backup executor (Pardon my lack of knowledge for terminology)

However, the "primary" executor wishes to relinquish her duties, is it as simple as "passing the baton" are there any documents that have to be signed? witnessed?

i should note that the relinquishing of the executor was in the process of being sorted prior to the passing of the person. The solicitor was already aware, and in the motions of getting a new will set up i believe- but unfortunately this was never completed.

Now, my partners dad is unable to start the proceedings of getting the funeral arranged, life insurance, mortgages etc as it has not been left in his name (as per the will)

having spoken to the solicitor today, it was said that the primary executor needs to write to the courts to relinquish her duties? is this correct?

sorry i don't have more information at this time - but i should be able to answer any queries raised.

[charitynjw]

Re: Carer being granted Power of Attorney - and 1st executor in a will

A signed deed of renunciation, which needs to be witnessed by a disinterested person, needs to be sent to Probate Court.

The carer may also need to renounce any Grant of Letters of Administration (With will annexed)

But they must not have already 'intermeddled' with the estate.

[enaid]

Re: Carer being granted Power of Attorney - and 1st executor in a will

Hi and welcome, you say in your title Power of Attorney, once the donor of the LPA has died the OPG must be notified info HERE the LPA ends automatically on death.

As long as the carer has not performed any of the executors duties they can resign, They can write a letter renouncing the role as executor, attach this to the probate application and send it to the local district probate office. They will then send a form to sign and they will also have to write to the other executor saying they have resigned. The carer will still be executor until this is filed. The solicitor would be able to do this but I am unsure who would have to pay or how much it would cost.

[Shane1104]

Re: Carer being granted Power of Attorney - and 1st executor in a will



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sorry for size of image! wont let me resize?

Having spoke to the solicitor that wrote up the will today - he has stated that the executor is the sole beneficiary, and if she doesn't want it - then it will go to Cancer Research UK?

Also, the will shows that if the executor is unwilling, a 2nd person has already been appointed? so does the 1st named person still need to use a "deed of renunciation"?

what is classed as meddling?

does the executor register the death?

is informing the OPG of the death classed as meddling?

what can my gf's dad legally do that doesnt go against the will?

[enaid]

Re: Carer being granted Power of Attorney - and 1st executor in a will

The solicitor said if the carer does not want to be executor then as sole beneficiary and she refuses the money will go to cancer research?
Has the carer refused the bequest? if so it is down to her what happen s to it

.

what can my gf's dad legally do that doesnt go against the will?

In what sense?

[Shane1104]

Re: Carer being granted Power of Attorney - and 1st executor in a will

Can he register the death? Can he start funeral proceedings? He can't grieve with all this going on when the executor doesn't want nothing to do with the will.

[Openlaw15]

Re: Carer being granted Power of Attorney - and 1st executor in a will

Can he register the death? Can he start funeral proceedings? He can't grieve with all this going on when the executor doesn't want nothing to do with the will.

Hello Shane, as both executors were appointed in writing from the will, and am assuming it has gone through probate (legal requirement) already, the last appointed executor should be able to take over the role from the one who retired, immediately, whatever those terms are as per the testator's intention in their will. It would be absurd if this were not the case.

[Openlaw15]

Re: Carer being granted Power of Attorney - and 1st executor in a will

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sorry for size of image! wont let me resize?

Having spoke to the solicitor that wrote up the will today - he has stated that the executor is the sole beneficiary, and if she doesn't want it - then it will go to Cancer Research UK?


"Also, the will shows that if the executor is unwilling, a 2nd person has already been appointed? so does the 1st named person still need to use a "deed of renunciation"?"

what is classed as meddling?

does the executor register the death?

is informing the OPG of the death classed as meddling?

what can my gf's dad legally do that doesnt go against the will?

The solicitor said to you, what will go to Cancer Research UK? Does not want what, the role of the executor? Is Cancer Research UK a beneficiary as successor interest? If so, this is a conflicting interest?

[Shane1104]

Re: Carer being granted Power of Attorney - and 1st executor in a will

Hello Shane, as both executors were appointed in writing from the will, and am assuming it has gone through probate (legal requirement) already, the last appointed executor should be able to take over the role from the one who retired, immediately, whatever those terms are as per the testator's intention in their will. It would be absurd if this were not the case.

The first named executor has only verbally stated she wished to resign as executor, the issue is that the solicitor is claiming she cant do this.

as for the Cancer research part - it is stated that the "Residuary Estate" is to be left to the first named executor and trustee, if she declines then it will be passed to Cancer Research
i will upload this page of the will when i got a moment

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she has just said "wants nothing to do with it at all"

im guessing Executor and beneficiary?

[Shane1104]

Re: Carer being granted Power of Attorney - and 1st executor in a will

the "Residuary Estate" is to be passed to Janet (The Carer) otherwise, to Cancer Research

So if she relinquishes her duties as executor, the estate is still left to her?

so worst case scenario - she relinquishes all duties - gets all the money - refuses to pay for the funeral?

Could that happen?

[mariefab]

Re: Carer being granted Power of Attorney - and 1st executor in a will

The Residuary Estate is whatever remains after all specific gifts are made (on page 2 perhaps) and all debts, taxes, admin, probate and court costs are paid.

[Joanna C]

Re: Carer being granted Power of Attorney - and 1st executor in a will

As seen in this the "Residuary Estate" is to be passed to Janet (The Carer) otherwise, to Cancer Research

So if she relinquishes her duties as executor, the estate is still left to her?

so worst case scenario - she relinquishes all duties - gets all the money - refuses to pay for the funeral?

Could that happen?

Yes even if the carer renounces the executorship she will still remain the beneficiary of the Residuary Estate.

[enaid]

Re: Carer being granted Power of Attorney - and 1st executor in a will

so worst case scenario - she relinquishes all duties - gets all the money - refuses to pay for the funeral?

The beneficiary gets nothing until all the deceased estate is settled, that includes the funeral cost.

[Shane1104]

Re: Carer being granted Power of Attorney - and 1st executor in a will

hi all, quick update - the executor has now decided to undertake the role - she is planning to visit the bank Monday to open a new account to where all the life insurances etc will be paid into - can this be done?

She has already stated she is arranging the funeral - down to flowers,music, venue etc - all going against families choices.

Is her decision on the funeral the only opinion that will matter? or can his Son arrange the funeral?

[enaid]

Re: Carer being granted Power of Attorney - and 1st executor in a will

The main choice in this matter is that of the deceased, as she chose her carer to take care of matters after her death, executor,then it is her responsibility to make sure her wishes are carried out.
Probate will have to be obtained first, how to HERE
Whoever arranges the funeral is responsible for paying for it, most funeral directors will want proof it can be paid for. This can be with a funeral plan if there is one in place, from insurance policies, or from the deceased estate.
Much better imo to have a chat and try and compromise on the funeral, if the son does go ahead and arrange it then he better make sure he can afford it.