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Could a Sole Executor Close Out an Estate?

September 25, 2019 By Richard Farrell

People in the UK are generally more prepared for the death that overcomes us all eventually. At least that’s according to Will Aid as posted in Today’s Wills and Probate e-magazine. The number of people ‘with their affairs is order’ now stands at 50%. That’s up from 47% from last year so a positive trend.

Meanwhile, the question remains whether one executor is sufficient, or two are preferable. We could simplify things if we have one, and if we choose a solicitor their partner may be able to take over if they die or fall ill.

Having one’s spouse or a close friend act as co-executor means our personal possessions – a pet perhaps – are in the care of someone whom we love and trust on the other hand,. However things are not always that simple. They seldom are in UK probate law.

The Ups and Downs of Having a Sole Executor

A sole executor can normally close out a simple will. A spouse, for example could work their way through probate if they are able and willing. However, a trust is best administered by two people, especially if one become becomes incapable during what can be a long duration.

Family dynamics are another aspect to consider. If there are tensions between heirs, then having an impartial solicitor to assist can be a great relief for a partner already struggling to come to terms with grief.

The Pros and Cons of Joint Executorships

If you choose two executors instead of one – which therefore seems a wise decision – then know that ‘joint’ means joint agreement about everything. An estate can be held up for months if there is a dispute. In such a case, two options present themselves:

# All but one executor steps aside upon a notice of power reserved

# They could apply to resume later unless they renounced completely

Alternatively, someone could ask the court to remove an executor on the basis they were unable to perform their duties. The court may also decide they are unsuitable because of a conflict of interests with the estate. Other possible grounds for removal are:

# Ineligibility due to past criminal convictions or mental incompetence

# Being unable to attend to the estate because of other commitments

# Stealing from the estate or wasting the assets of the estate unnecessarily

# Refusing to take care of the assets properly, or communicate with the heirs

# Taking too long to perform their duties or finalize the estate responsibly

Avoiding These Hassles Is In the Hands of the Person Leaving the Will

People leaving a will generally want to achieve specific goals concerning their assets, and simplify things for their loved ones. After careful consideration of all of the above points, we are inclined to recommend choosing two executors, provided they are able to reach decisions through negotiation and compromise.

Disclaimer: We are not solicitors. The above is our personal opinion expressed in good faith, and shall not carry the weight of the law.

Filed Under: Probate Valuation Tagged With: 50% of uk people have no will, joint executorship, probate contents valuation, probate valuation personal possessionss, sole executors

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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