My executors?

I'm with the advice of GSM on this one .

I need to come back to this and ask Lily of the Valley what help she thinks the solicitors will give her vulnerable daughter that her step sisters will not? The opening post mentions help maintaining a property for instance.

GSM will put me right on this but, unless the will specifically contains provision for ongoing help from the solicitor, I think their involvement will end once the estate is wound up.

When I instructed the solicitor as executor he said it is hard to put a figure on how much it would cost, but anywhere between £5,000 - £10,000 depending on how much work is involved.

It seems as though they could pluck a figure out of the air and I would be dead anyway so there would be no one to query it!

Yes, their involvement will end with the distribution of the estate. Their job won’t be to advise the daughter unless the daughter asks for advice, and they will charge for it. Lily of the Valley needs to consider carefully what help her daughter will need. I certainly wouldn’t live in hope that the stepdaughters will provide it. It may be that the daughter would be better off living in a form of sheltered housing rather than, as is the impression I get, living in a house which she has to maintain and insure, with bills to pay. However we have no real clue as to what the estate will consist of and what provision is made for the daughter and stepdaughters - though I suspect the daughter is to have the use of the family home for her life, which may not be the best solution for her. Lily needs to talk this over with a solicitor and make her daughter’s learning difficulties, and consequent problems with looking after a house and paying bills, entirely clear. We don’t know, for instance, if the daughter is able to work. It’s possible that the solicitor may suggest that she is best protected by the solicitor being given Court of Protection guardianship - an unbiased person, but one who would charge for their services. We don’t have enough information to do more than speculate.

I’m very disappointed with this post. I thought the OP was hiring someone to execute an enemy!

My father named his bank as executor, for the best of intentions, I have no doubt. However, it turned out to be a painfully slow process and my sisters and I had no power under the will to exercise any pressure on the bank official who dealt with the case. My uncle, fortunately, named me and one of my sisters as executors and we were able to form a very satisfactory relationship with his solicitor who handled the business on our behalf. I have named both my sons as my executors as I know they will act in the best interests of the family.

Whethertomorrow

I’m very disappointed with this post. I thought the OP was hiring someone to execute an enemy!

There IS a difference between executor and executioner

My brother and I were co- executors to my mother’s will. She left bequests to each grandchild There were five grandchildren, I have two children, my brother three. All fine I thought. The money was divided as my mother wanted and as the children were quite young , it was put in our own bank accounts. I opened Isas for my two. I learned later that my brother had kept his children’s money, and when I asked him why, he said his children would get it when he died. That was twenty years ago. ….What could I have done? ….Nothing

JamesandJon33: You have a clear conscience that you fulfilled your mother's wishes. It's possible that the cousins might discuss this now that they're adults and then your brother's action would be revealed…..

I hope not….. My brother is difficult as it is. The world might implode

I’ve been an executor for my
Mother, and as far as I can see there’s no check to see that you’ve carried out the bequests in the will. I did find it emotionally draining, though, and it went very slowly, so my sister (the other executor) and I agreed to hand a lot of work on to the solicitor. She was very careful about the rights of my brother, who had lived with my mum for some years, but didn’t want to be an executor.

The solicitor would certainly keep hold of the money and distribute it. But there’s no control over the possessions left in the house, AFAIK, so if there’s anything valuable, like jewellery, you might want to put it somewhere safe.

I think in this situation I’d turn to my nieces and nephews, who have always been close to our family.

My plan for contents is (if I have the opportunity) the get rid of everything before I go. Job done!

It seems you're in a very difficult spot with your stepchildren wanting to become executors. You say you're sure they will look after your daughter but also say you fear they may not if not allowed to be executors. I would err on the side of caution and keep the solrs as execs and maybe try to explain to step children that it's for their own good/less hassle for them to sort out etc. I would also make sure your letter of wishes is included in your will instead of being a separate, non enforceable document.

It also depends how much support your daughter will need in the future. If she can manage money that's OK but if not you may need to think about setting up a trust, although you would need trustees to administer it.

Will a guardian need to be appointed for your own child? will she need help? does this come under a will?

My advice is stay with the solicitor. It will cost a fortune, every phone call, every letter, in fact,everything they do will be charged to the minute. However, noone dares dispute the solicitors. Believe me,my husband was executor to his cousin's will,and it has caused the most stressful year of our lives. My advice to anyone asked to be LPA just say NO.

Allex50

My plan for contents is (if I have the opportunity) the get rid of everything before I go. Job done!

I agree. We don't want lots of stuff. I have very little jewellery and I have made it clear that my daughter will divide that between my granddaughters. Most of the jewellery I had came from my MiL and wedding rings from DH side somewhere. We sold those and put the money into PSB.

All but my youngest now have homes of their own so don't really need household stuff. We are in the process of doing a grand clear out. So if our home is not used to provide care the kids can just sell up and split it equally.

I'm definitely no expert but surely some sort of trust should be set up for your DD? Maybe ask your solicitor for advice

I have never heard of a Letter of Wishes. Is it a legally binding thing?
Here in Canada, the Will is the only legal document after you die.

I was executor for both my mum and dad (mum signed hers across to me on my dads death as she didn’t want to do it and my dad had made provision for her to do so in his will.)

With probate both times we agreed a fixed fee with the solicitors.

Why not give the money to charity now, if you can afford to? Then that’s one less thing to worry about!

FindingNemo15

Thank you GSM. Will the house clearance company take to an auction or just skip?

it won't matter in real terms. They take the lot and deal with it as they think fit. Anything sold will give profit to the clearance firm and not go back into your will.

rocketship

I have never heard of a Letter of Wishes. Is it a legally binding thing?
Here in Canada, the Will is the only legal document after you die.

no it is not legally binding. To be honest, I am not sure of the point...maybe useful if you want to leave a note about your wishes should you become unable to express them for yourself also called an advance directive or living will, and don't want to set up a power of attorney, but if this is the case, don't lodge it with your will or it will be read too late. oh and PS a power of attorney becomes invalid at death. As you say, only the will is legal.

Iwtwab12bow

My advice is stay with the solicitor. It will cost a fortune, every phone call, every letter, in fact,everything they do will be charged to the minute. However, noone dares dispute the solicitors. Believe me,my husband was executor to his cousin's will,and it has caused the most stressful year of our lives. My advice to anyone asked to be LPA just say NO.

LPA has nothing to do with being an executor. LPA ends at death in the UK. A person can hold an LPA and refuse to have anything to do with the will.

PamQS

I’ve been an executor for my
Mother, and as far as I can see there’s no check to see that you’ve carried out the bequests in the will. I did find it emotionally draining, though, and it went very slowly, so my sister (the other executor) and I agreed to hand a lot of work on to the solicitor. She was very careful about the rights of my brother, who had lived with my mum for some years, but didn’t want to be an executor.

The solicitor would certainly keep hold of the money and distribute it. But there’s no control over the possessions left in the house, AFAIK, so if there’s anything valuable, like jewellery, you might want to put it somewhere safe.

I think in this situation I’d turn to my nieces and nephews, who have always been close to our family.

its the job of the executor to do the best they can for the beneficiaries and that includes possessions. If they dispose of jewellery or valuables and this is discovered (ie somone asks where Mum's diamonds are) the executor could be in deep do do