Should I be executor?

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shnaek

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My aunt advised my Dad that I should be executor of his will - is it normal that this would be the case? What are the advantages to my taking this role as opposed to his solicitor taking the role? There wouldn't be any complications at all, everything is straight forward but he asked what I thought and I felt I'd be best to get some advice here.
 
There’s very little upside to being an executor unless (1) you’re doing so in a professional capacity and are being paid for it e.g. a Solicitor Executor or (2) you are the sole or a substantial beneficiary under the will.

It can be onerous and thankless, depending on the size of the estate and whether the estate is solvent or has potential litigation attached to it (e.g. where a claim is lodged against the estate).

You can be named as Executor but can always renounce it, so long as you haven’t done anything to administer the Estate. If you’re agreeable to be named as Executor, try and establish that you’re a beneficiary.
 
Absolutely, you should be the executor.

You should never appoint a solicitor to be the Executor.

A solicitor as Executor has a captive audience and screws the estate for fees and you have no control over it. A house being sold? Full legal fees which no one in their right mind would pay.

Many solicitors are just incompetent and let the case go on and on and on. Racking up fees all the time.

So, yes, accept the appointment as Executor. If you need legal advice during the Executorship, you can shop around and choose the solicitor yourself.

Brendan
 
I trust Brendan's response is tongue-in-cheek.

Pros:
As a family member you will have a better understanding of your parent's wishes.

It is the last service you can do for the deceased person.

It can be surprisingly helpful in the grieving process.

Cons:
If you have siblings, some one of them will complain that it's taking too long / you're going too fast / they were promised the green widget with pink spots and now its missing etc., etc

In the final analysis, there's a job to be done & someone has to do it.

Edit to add: there's always complications!
 
I’m currently executor of my fathers will . No drama , no rows, just selling the house and splitting everything .
You should agree to be the executor . It’s the right thing to do . You can appoint a solicitor of your choosing if you want to , when the time comes.
 
Thank you for those quick and detailed replies. I've chatted my Dad about it this morning and he's going to talk to his solicitor this week.
 

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Length of time for Probate with Solicitor

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Advice needed about a solicitor and Will.

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Average fee of a solicitor

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Solicitor's costs after father's death.

I have recently lost my father and made a silly mistake by using the solicitor who had housed the will. They sent me an engagement letter to sign to which later I was charged £30.00 is this allowed? It got worse because when I was asked by the solicitor to send by attachment various documents...
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Legal fees / debts on estate deducted from inheritance.

Is it normal practice to deduct legal fees/debt on the estate ( with NO prior warning?) from an Inheritance in the absence of section 68 letter? BTW - this wasn't my solicitor. He was acting on behalf of the executor. Is it just me or is €8500 excessive. Since I've never met the man, or...
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First job as an executor, make sure that the will is drawn up correctly and without any loopholes - get ahead of the curve
 
Thirsty said:
If there's any hint of caveats, objections or other such squabbling, I would definitely let a solicitor take it
Click to expand...

In my experience, some solicitors will make the squabbling worse and will welcome all the fees from the legal challenges.

Use a solicitor to make your will.
Keep your will simple - so that there is little room for squabbling.
If you are leaving your estate to your children who don't get on with each other, appoint a family friend to act as Executor. They can choose a solicitor to help them if necessary.

Brendan
 
If you are the type who would run a mile, then I suspect you wouldn't be asked.

Ask someone who commands the respect of the children and who has the authority to knock heads together.

Brendan
 
You should act as Executor if your farther wants you to take on the task. I have done it on a couple of occasions for small estates and there was no problems but I did ask a solicitor to make the Revenue returns. My brother also was an executor and did all the work himself - he said the local probate office was extremely helpful.
 
Hi Thirsty

I don't know why you are making these comments. This is a serious issue.

If you have children who are going to fight over your will, you need to see a solicitor and make your will as clear as possible.

You should not appoint one of your children as Executor.

But you definitely should not appoint a solicitor. They will thrive on the dispute and the estate will be eaten up in fees.

Most people have a family friend who is independent and respected and who would be prepared to help out in such a situation. Yes, they will get a bit of hassle, maybe even a lot of hassle.

But if a close friend asked me to act as Executor in a difficult situation, I would do so in an effort to help my friend and their family. I would ask them to discuss the will with me so that I got a clear understanding of what is wanted.

Brendan
 
I wouldn't underestimate the horrors, and I use the word advisedly, of acting as Exec where such conditions pertain.

If beneficiaries are likely to act the maggot, in my view, they may waste their own time and money in legal fees & not that of an unpaid and most likely unappreciated exec.
 
As executor you can still instruct a solicitor to do the work such as Probate, house sale etc. However you are the person who has to gather all documentation relating to your father's estate. You have to ensure the security and maintenance of the house, organise new insurance if it's no longer inhabited. So if you are to agree to the role, make sure you take a day or two to go through all his assets with him - where his bank accounts are, does he have shares/prizebonds etc., details of any pension provider, where are the house deeds. If he can have all the relevant documents kept together in a folder it will make things a lot easier for you when the time comes.
 
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