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Tallblond28 | Can the executor of a will still be a beneficiary? |
And what is the exact role of the executor |
 |
 
The Cat's Meow
 |
Yes the Executor of the Will can be a beneficiary.
The Executor is responsible for making sure the Will is carried out. They are also responsible for making sure all bills and debt are paid, closing all checking, savings, etc. accounts and balancing the accounts.
Also, making sure the Will is put the the proper channels in probate (if it is not a Trust).
Just went through this with one of my relatives. |
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Marie C
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yes they can
the are the person who interacts with the lawyer about the will they do all the signing of forms closing bank accounts and so on also selling of property if there is any left in the will |
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Stephen L
 |
Yes. For small simple estates, it would not be cost-effective to employ a third party (ie. a solicitor) and it would be odd to appoint someone you know as executor and then not leave them something in your will. However, for larger estates, and where it could create a conflict of interests or the will could be contested, it is advisable to employ a third party (ie. a solicitor). As the name suggest, the executor is responsible for carrying out the deceased's wishes, as in their will. |
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Graham S
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Yes. This is most frequently the case, especially for ordinary folk. The executor is responsible for obtaining probate, then ensuring that the requirements of the will are carried out. In the course of this operation the executor must ensure that all debts/taxes are paid and claim any monies/property due.
There are usually two executors, one of which may be a solicitor - which may prove useful if there are any complications. |
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Janet (TGJT)
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yes |
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Alison B
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Yes, but it is not normally the case. Most solicitors advise against it. It is especially not a good idea if the Will in question has not been drawn up formally by an official Will writer or solicitor. The executor carries out the wishes of the deceased often in conjunction with the solicitor. I hope this has helped a bit. |
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JA12
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"Executor (female form: executrix) is also a legal term referring to a person named by a maker of a will, or nominated by the testator, to carry out the directions of the will. Typically the executor is the person responsible for offering the will for probate, although it is not absolutely required that he or she do so. The executor's duties also include the disbursement of property to the beneficiaries as designated in the will, obtaining information about any other potential heirs, collecting and arranging for payment of debts of the estate and approving or disapproving creditors' claims. An executor also makes sure estate taxes are calculated, necessary forms are filed and tax payments made, and in all ways assists the attorney for the estate. Also the executor makes all donations as left in bequests to charitable and other organizations as directed in the will. In most circumstances the executor is the representative of the estate for all purposes, and has the ability to sue or be sued on behalf of the estate. The executor also holds legal title to the estate property, but may not use that property for the executor's own benefit unless expressly permitted by the terms of the will." |
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Bardic
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The executors' duties are quite complex to carry out properly and, frankly, it's worth appointing a solicitor or maybe the bank to act in that role. Especially when you consider that whoever is named executor may not wish to do so when the time comes. This gives you some idea: http://www.willyouever.co.uk/executor.asp |
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ska8ter
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try legal aid they have the answers you seek |
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gingerlatic
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no they cant. an executor is the person who is responsible for making sure that the will is carried out as the person wanted it to be. |
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