<Insert Les Dawson gag here>

I’ve been asked to be the executor of my in-laws’ will. Before I accept/refuse I’d like to know what I’m getting into as it’s not something I’ve paid much attention to before.

Google’s helped with the basics, but is there anything I should be aware of…

Wish i could be the executor for my inlaws..

I saw six men kicking and punching the mother-in-law. My neighbour said ‘Are you going to help?’ I said ‘No, six should be enough.’

Les Dawson

Is the will fairly straightforward, and are the rest of the family good folk? I’m an executor for my mothers will, but it’s a simple 3 way split and my brothers are good guys. I’m not sure I’d want to do it if there were dickheads involved though.

Its as involving or uninvolving as you want it to be. If the will-makers have reasonably uncomplicated affair, in terms of finances and properties then doing all the probate yourself is no more complicated than doing a tax return. The most complicated bit of being a co –exectutor in my dads will was the three of us being in one place at one time to sign an oath at the county court. Theres what seems like a daunting amount of paperwork / form filling but you mostly are just putting ‘N/A’ in whole sections and in reality you are just providing some names and dates and some totals of values of property and moneys in the bank. You’ll also need to change the details on the deeds of any properties involved, again that can be a DIY job if the terms of the will are clear.

You can also just hand the whole thing over to a solicitor if at any point you’re stuck. Basically once probate has happened you are empowered to access the deceased’s funds and property and divide and disperse it in the way the will stipulates.

If you’re being asked to do it – its fair to ask what you’re being asked to do and maybe ask to see a draft of the will. If its only a couple of pages long and you understand it all and you don’t think its going to put anyones nose out of joint then fine. If you feel like its going to put you in charge of untangling complicated financial affairs and delivering some unpopular decisions- disinheriting all the blood relations and giving everything to the gardener’s cat – then you might want to politely decline.

Is the will fairly straightforward, and are the rest of the family good folk? I’m an executor for my mothers will, but it’s a simple 3 way split and my brothers are good guys. I’m not sure I’d want to do it if there were dickheads involved though.

I’d assume it’s a simple 50/50 split between my wife and her brother (no issues there), but I’ll definitely find out before accepting.

The MIL’s brother is an arse though, so if he’s involved then that might be enough to put me off…

I did it for my MIL. I was picked so as to cause the least controversy in a large argumentative family. It was still a bit of a rough ride.

I’d say the key thing is do the other relatives accept you being the executor ? Ultimately it doesn’t matter if they do or not as if the will is properly drawn up, signed and witnessed then you have the legal authority whether they like it or not. One danger can be (and this was a problem I ran into) is that family members can resent you being the executor and cal drawn up another later will and coerce the parents to sign it. I would recommend you get the will drawn signed/executed and then if the parents agree show it to the other siblings and then register it at the probate office.

In terms of the process it should be quite straight forward depending on the IL’s assets etc. You should look at the Inheritance Tax situation, if any is due you should be aware that this can be demanded “up front” which can require you arranging a loan against the property

EDIT: Just read recent posts. Sounds straightforward re your wife and her brother and yes as above you can do the estate DIY (get a solicitor to draw up the will its not so expensive). Don’t worry about the MIL’s brother, get everything in place and you won’t have to deal with him at all. Don’t let him put you off.

Thanks for the advice/experience.

It’s not too bad I’m the executor for my late uncle and at the moment I’m unravelling the tangled web of his finances. Have already uncovered quite a bit of casual benefit fraud. Selling the house is proving to be a major headache lots of interest but buyers either want to beg it or simply don’t have the money

@rocketman – many buyers think they can try it on with probate sales as the sellers don’t care and just want the money quickly. Hold your ground. You can “chivvy up” the agent by telling them you are going to take it off the market over the winter and relaunch in the spring perhaps with a new agent (I think most agents contracts have a 6 month clause, ie if you sell it someone they have introduced within 6 months they still get commission). In the end this is what I had to do with my house as I suspect the original agent had told buyers it was divorce situation so they might get it cheap. It took an extra 6 months but in the end I got the right price.

thanks for that jb good point

Both of our fathers executors decided after he died, that they didn’t want to deal with it. This has caused us a lot of hassle, so please don’t agree to do it, if your heart isn’t in it.