ElderlyPerson
Is there a way for an executor to take any action before probate is granted by the High Court and thus before a court order document is available to show the authority of the executor to act? For example if a water pipe bursts in the house, or if a dog needs looking after, or if children need looking after or medical treatment, or making a claim on house insurance if something like storm damage happens, or finding out about the house insurance and renewing it. necessary.
ElderlyPerson
This is a completely understandable concern – no one wants to feel that they will be leaving their family in a difficult situation after they are gone.
Executors have legal duties and responsibilities which are set out in law, it can sometimes be an onerous role and when choosing your executors, you should give some thought as to whether they can, or want, to undertake the task. It is advisable to choose people who are competent and
trustworthy, knowing that if they are not legal professionals themselves, they can always take professional advice if they need to.
It would be very unusual for Executors to require 10 years to administer an estate and the circumstances of the estate would have to be very complicated for things to take that long. There are also some aspects of estate administration which must be attended to within certain periods, for
example payment of any Inheritance Tax, and simply postponing when a beneficiary would receive their gift would have no impact on the responsibility of the Executors to comply with those time limits.
It is possible, often with the use of trusts in Wills, to make arrangements by which beneficiaries only receive gifts at a determined point in the future. This can be complicated though and may not actually be the solution – for example, is it really in the interests of any party for a house to be left
unoccupied for a period of 10 years during which it may simply deteriorate? That may open the Executors up to all sorts of issues about their administration of the estate and incur expenditure that could otherwise be avoided.
The Cancer Research UK legacy administration team regularly work with Executors, both friends and family Executors and professionals. We don’t push Executors, instead we try to engage and encourage them by offering support and guidance.