Direct debits will be stopped as soon as the account is frozen.
Utilities (Electric / gas) are generally happy to let bills run on for a time pending probate. Phone / bb can be cancelled.
Banks can pay some bills (e.g. funeral) on presentation of invoice.
For many other items e.g. insurance, funeral breakfast etc, exec or other family members may have to cover them & will be repaid from estate. Keep all the receipts.
Ok thanks.I respect your pedantry. The account is frozen and has been pointed out above, most ( or possibly all) babks will pay the funeral bill if presented directly to the bank
There is a hand written note on the back of the will which states there is a debt owed to the executors, but this is only witnessed by one person and previously mentioned by the solicitor that it does not form part of the will ( which the other beneficiaries also agree), however the executors have told us when we enquired as to the progress of the probate, that nothing is going to happen until we agree on the debt being paid, we have told and signed a letter to the solicitor(which the solicitor had sent to all the beneficiaries to see if they agreed yes or no) to say we do not agree with the debt, but have heard nothing and solicitor is not returning calls ,so don't know where we stand, or what the timeline is in these situations?The executor’s duties include taking out probate and securing the estate. Securing the estate includes discharging utility bills etc and these costs will be charged to the estate. The utility companies will pursue the executor for these.
However, if the executor does not go about extracting the grant of probate, they’re merely the ‘named executor’ and it is doubtful whether they’re on hook for these bills until the probate is extracted.
I have it in my head that the named executor has one year to extract the grant of probate. If he/she hasn’t done anything, then it’s up to the beneficiaries or next of kin to make an application to the High Court for a grant of administration with the will annexed. I’m open to correction on this, but the point is that the named executor can’t sit around indefinitely and do nothing without other options being open to the beneficiaries. Check with a solicitor.
Ok. This is the issue.There is a hand written note on the back of the will which states there is a debt owed to the executors, but this is only witnessed by one person and previously mentioned by the solicitor that it does not form part of the will ( which the other beneficiaries also agree), however the executors have told us when we enquired as to the progress of the probate, that nothing is going to happen until we agree on the debt being paid, we have told and signed a letter to the solicitor(which the solicitor had sent to all the beneficiaries to see if they agreed yes or no) to say we do not agree with the debt, but have heard nothing and solicitor is not returning calls ,so don't know where we stand, or what the timeline is in these situations?
Ok. Not an insubstantial amount.60k! A property deal that went wrong over 6 years, all bank charges, through mismanagement by them and then tried to put the blame back on their 88 year old Mother by getting her to write it on the will, it was in my opinion disgraceful!
Is the solicitor referred to here the solicitor for the estate/executors? If that is the case, then s/he is acting at cross purposes by apparently advising the beneficiaries and the executors about the same matter, especially as the will has not gone to probate yet and cannot be published.There is a hand written note on the back of the will which states there is a debt owed to the executors, but this is only witnessed by one person and previously mentioned by the solicitor that it does not form part of the will ( which the other beneficiaries also agree), however the executors have told us when we enquired as to the progress of the probate, that nothing is going to happen until we agree on the debt being paid, we have told and signed a letter to the solicitor(which the solicitor had sent to all the beneficiaries to see if they agreed yes or no) to say we do not agree with the debt, but have heard nothing and solicitor is not returning calls ,so don't know where we stand, or what the timeline is in these situations?
There is nothing in the OP’s posts about the Solicitor for the Executor “advising” both the executor and the beneficiaries (such that would give rise to an inappropriate conflict of interest scenario). The Solicitor here clearly acts for the executor and has adopted a position consistent with his/her duties towards the executor/estate. His/her position on the written debt acknowledgement on the back of the will to the effect that it does not form part of the will is a statement of fact.Is the solicitor referred to here the solicitor for the estate/executors? If that is the case, then s/he is acting at cross purposes by apparently advising the beneficiaries and the executors about the same matter, especially as the will has not gone to probate yet and cannot be published.
To quote Confucius "He who rides two horses in the same race seldom saddles a winner."
Ultimately the responsibility lies with the executor. The solicitor can only advise. I’m sure the solicitor will have given the appropriate advice. But in the end it’s the executor who is 100% in the driving seat. Alas. The solicitor advises the executor and acts according to their instructions.When you say that the solicitor acts in accordance with the instructions of the executors, are you saying that even if the solicitor advises them that the debt is not legally part of the will , he can't just leave it sitting in his office indefinitely, that surely the executors job is to carry out the legal instructions on the will and if they don't agree with it they should step aside and then challenge it themselves, that you can't as they say have it both ways?
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