Obtaining A Will

[Crazyface]

Quick question. If a will states two named people as executors, but one is being awkward and not wanting to go to the solicitors to get the will, can the other named executor collect the will anyway. Bearing in mind both parties have already have a copy of the will anyway.

 

[Lord Tyrion]

99% sure yes. The executors don't have to carry out the request to do the job, it isn't compulsory. The other one just gets on with it. Otherwise it could be like arranging a matchplay game

Ultimately, all you are doing is carrying out the wishes of the deceased. Follow the requests and all is well, any challenges will fall flat. You don't have to do it hand in hand.

 

[Voyager EMH]

Merely collecting the will from the solicitor is one thing, obtaining probate and executing the will is another thing.

If one named executor does not want the responsibility of executing the will, then it is best to get the correct written, signed and witnessed statement that one executor is relinquishing their role.
The remaining executor then becomes "sole executor" legally.
Without this statement, the reluctant executor can suddenly start to exercise their role after the other has done most of the work and this can lead to disputes and conflicts.

 

[SatchFan]

I have been named executor along with my brother for two separate wills. On both occasions he has signed the PA15 form to give up his responsibility when applying for probate. Made things a lot easier for me to deal with it myself.

 

[rulefan]

It's all here

Give up probate executor rights: Form PA15

Executors can use this form to give up their legal responsibility and role permanently (also known as ‘renunciation’) to apply for probate.

www.gov.uk

 

[jim8flog]

Re copies

There is only one legally binding will, hopefully the copies will say copy on them.

 

[Crazyface]

PS

Probate is not required. Can the will be collected by one of the executors?

 

[woofers]

PS

Probate is not required. Can the will be collected by one of the executors?

If Probate is not required, I’m not sure you need the original will ? As long as the copy you have is the last will, I think you can act on that.

 

[Crazyface]

Hi everyone. I've been to speak to a solicitor this morning. I had a walk into town where the Treacle Market is on and a local solicitor has a free chat thing. No probate. No problem. You can act on a copy of the will. If the solicitors won't release the original will, you can get a certified copy of it from them, just in case there is a problem, but there shouldn't be. Make notes on everything you do. Keep a copy of everything. Keep all monies in a separate account. Cover your bum. Everything will be ok.
....I think you get it.

 

[woofers]

Yep, and you save around £300 Probate fee as well.

 

[jim8flog]

You can act on a copy of the will. If the solicitors won't release the original will, you can get a certified copy of it from them

Big difference between a copy and a solicitor certified copy.

 

[Crazyface]

Don't think there will be a need for that either after todays phone call.

 

[Crazyface]

Just a quick update for anyone else that might find themselves in the same position. If the money to be collected is below probate levels one executor can crack on and get all the money. This is a good thing for me. But obviously if you have a dodgy executor then they might beat you to it. Get in first.

 

[Crazyface]

Mwahhhhhhhhhahahahahhahahhahahhahahahhahahhahaahhahaaaaaaaaaaaaaaaaaaaaaaaaa!

No comment needed. Just needed to put this somewhere. Cheers.

 

[Crazyface]

on and on it goes!!!! Singleton whiskey is hgelping

 

[Crazyface]

Winner winner chicken dinner. Love it when a plan comes together and I'm proved 100% right. Others are now firmly under control.