do all 3 executors need to be named on a bank account

[nyehus]

i had put this into the family section, but someone suggested i put it in here 'law'

my brother, sister and I are named executors for my late mothers will.
my brother lives abroad (12+ hours time difference)

my sister and i opened a joint bank account and have paid estate monies in.

should all 3 executors have been named on the bank account?

we have created a spreadsheet online and sent him a link so that he can see what is there

[dzug2]

Well to be picky you should probably have opened an account as 'executors of Mrs X' rather than a joint account - same two signatories.

In reality as long as you account for the money properly you will be fine. Noone in officialdom is likely to check up on you as long as you do all their paperwork You are policed if at all by the beneficiaries

[buildersmate]

Yes, depending on the nature of the assets of the deceased that you will need to liquidate (in order to divide the estate between the beneficiaries) you may find that some financial institutions will only issue a cheque in the name of 'the executors of Mrs X'. If that happens you are going to find it mighty hard to pay such a cheque into a personal joint account.
Other points as per Dzug.

[dzug2]

Did not the brother living abroad sign a form renouncing his rights as executor when you obtained probate? It's difficult to see how it was granted if he didn't.

[nyehus]

we havent got probate yet as he is dragging his heels (amongst other things), lets just say it has got a bit frosty between us and him.

he wont renounce, we have explained the other options, ie 'reserve his right'
currently waiting his response.

[buildersmate]

Maybe gently point out to him for hard it is going to be, being an executor from abroad. He doesn't need to renounce his right - there is a category (can't remember its exact name) for him on the probate form. It gives him the right to come back as an executor later if necessary.
This is the way I did it for my sibling, when dealing with my late mother's affairs.
An executor has to provide documentation on what he/she has done in terms of dealing with the probate - so there is no danger of him losing out - if that is his concern.

[nyehus]

i have pointed out the other option of 'reserving his right to probate'

which I have another question over, does this 'reservation' only alst until probate is granted?
ie I've read a lot of documentation which states it can be used in the case of other executors being unable to complete probate, but what happens if prbate is completed does his 'reservation' cease?

[buildersmate]

(Without having checked on the various websites to confirm my answer) I don't see how it matters once probate is granted - as the valuation of the estate for probate purposes at that point is complete.
At that point the probate registrar is happy and HMRC are also happy (having extracted their slice of IHT, as applicable), so executors who have not served (who in my case, and I assume also in yours, had a beneficiary interest in the estate) can be provided with a copy of the draft accounting summary before it goes to probate.

[Barmaid]

There is nothing to stop 2 of the 3 executors giving notice to exec no 3 saying they will apply for a grant with power reserved as you have stated. Power reserved lasts indefinitely so at any time during the administration Exec no 3 can apply for a Grant of Double Probate. It does, in fact last forever, but there is no point in applying for a GDP when the admin has been completed.

[nyehus]

'stop 2 of the 3 executors giving notice to exec no 3 saying they will apply for a grant with power reserved'

mmmm whilst i was aware of giving notice, I didnt know that we could do that,
I thought it had to be from a beneficiary, whilst my sister and I are beneficiaries, we had thought about asking our other brother (there are 5 of us), to give notice.

in what form can the notice take ie wording as scanning the web doesnt give up any examples

[Barmaid]

No, only executors can give notice to other executors (it matters not whether they are beneficiaries or not) that they are going to apply for the GoP with power reserved.

Although the probate registry does recommend a particular wording, I recently had it confirmed by the Registrar at a District Registry that there is no prescribed wording.

[cathfromsaron]

i would, even if he is just a name and will never walk into a branch.
also make sure two signatures are needed.

[cathfromsaron]

if his inaction starts costing you money, ensure it comes out of his portion.

[nyehus]

as an added complication, whilst i understand now that we can give notice of going to probate and put 3rd executor as 'power reserved'

the solicitors that drew up the will and still hold the original, will not release it to us unless 3rd solicitor also writes to them saying ok.

anyway around this?

[Barmaid]

Yes, you can summons them at the Probate Registry to produce a testamentary document. That is slightly trickier because its slightly unusual. I would give you chapter and verse but am starting to feel a bit ill (sorry, been to the docs today), but reading the Non Contentious Probate Rules 1987 is a good start.

I'll look in when I am feeling a bit better.

[nyehus]

am i right in thinking that if we give the 3rd executor notice of going to probate and put them down as option c 'power reserved', doesnt the probate office give us a form for the 3rd executor to sign agreeing?

[nyehus]

just heard from 3rd exec, he has decided to instruct a solicitor to act on his behalf.

the solicitor he is using is in fact the solicitor that is holding the original will and deeds to the house.

Is this likely to cause issues, ie we can now go for probate, once granted, do we (my sister and I ) have to liaise with the 3rd execs solicitor to sell the house?

what if anything is the 3rd execs solicitor likely to try and do or stop us from doing?

do we have to declare anything to the solicitor?

[nyehus]

ok so now i have spoken to the solicitors and explained the situation, they said that they would be reluctanct to act for my brother for probate as they would have to take over my sister's and I responsibility as well, which we dont want.

so now we are back to square one, the solicitor is going to email my brother to explain (last fri), my brother is unable to speak to solicitor.

someone mentioned about giving 3rd exec notice of option c 'power reserved'
that bits simple.
the hard bit is how do I force the solicitor to release the will?

[sjb2000]

Hi

I am dealing with my fathers estate in Scotland. He left a will naming my uncle and myself as Executors. I have applied for and been given Confirmation. My uncle currently lives abroad.

A bank & NS&I have asked for us both to sign applications for repayment. Is this legal necessary since I applied for Confirmation.

Thanks.