Executors

[Webbie76]

Do executors only deal with matters after death?

[des8]

Re: Executors

Hi and welcome.

Executors appointments do not take effect until the testator dies.

An executor might howecver, independently of that position, have been given power of Attorney by the testator.

care to divulge more info?

[enaid]

Re: Executors

Simply put executors just carry out the instructions of a will.

[Webbie76]

Re: Executors

The executors of my dad's will are taking things before my dad died into consideration when distributing the estate. There are only 2 beneficiaries myself and his "estranged wife" of 15 years. We are in Scotland. PS thanks for your reply.

[des8]

Re: Executors

So your Father has passed on.
What "things" are te executors takg into consideration, and in what manner?
The execcutors do have to take into account gifts made within the last seven years for IHT purposes

[Webbie76]

Re: Executors

A van was sold 8 months prior to his death to pay for his care he was cared for at home. His disabled equipment was donated to a charity but I am being held liable for that money. The van was sold January 15 that's also when the equipment went to charity. He died in September 2015.

[des8]

Re: Executors

A van was sold 8 months prior to his death to pay for his care he was cared for at home. His disabled equipment was donated to a charity but I am being held liable for that money. The van was sold January 15 that's also when the equipment went to charity. He died in September 2015.

January 15 .. what year?
Who donated he equipment?
Who valued the donated equipment?
What was the basis of that valuation?
Who are the executors?

[Webbie76]

Re: Executors

The equipment was bought new.
I donated the equipment. One of the executors said it was OK to do so but is now saying he can't remember saying that but my mum was with me when he did.
The executors are solicitors.
The van was sold January 2015.

[enaid]

Re: Executors

So you sold his van to help pay for his care? Jan 2015?
The disabled equipment was given to charity Jan 2015 ?
He passed in Sept 2015?
The executors are stating this is part of the estate?

[Webbie76]

Re: Executors

Yes that's exactly what is happening.

- - - Updated - - -

Sorry the equipment was donated January 2016 after he died.

[enaid]

Re: Executors

So the van sold before he passed, his decision and what ever money from the sale that wasn't used up for care will still be in the estate so cant see the problem there.
The equipment donated to charity was it all bought privately, nothing from Social Services?

[Webbie76]

Re: Executors

It was all bought new from his compensation money. He was in a nursing home miserably for 5 years so when he got his money I took him home to care for him. My solicitor contacted an auction house who said they would only get 20-50 pounds per item as there isn't a market for this because people usually get this donated or from social services. £16000 can't be accounted for from the financial guardian so the executors are taking that from my share also.

[enaid]

Re: Executors

Ok so I am surmising you are in Scotland, the Financial Guardian is the same as our LPA and attorney? who held that position ?

[Webbie76]

Re: Executors

A solicitor.

[enaid]

Re: Executors

A solicitor had Power of Attorney to deal with your dads finances before he passed away?
The executors are now saying £16,000 is unaccounted for ?
What have the executors done so far to establish where the money went?