No, you do not have to act as an Executor. You have a couple of options. Your first option is to give up all rights to act as Executor as long as you have taken no steps in relation to the estate administration. Your other option, if there are other Executors named in the Will, is to choose to have ‘power reserved’. This allows the other Executors to act but you can apply to ‘join in’ the Probate process later on if you want to or need to.
If you instruct us to complete Probate for you, you can remain as Executor, or you can sometimes give Power of Attorney to us. In that case, we can obtain the Grant of Probate in our name.
You should both make Wills to ensure a fair division of assets if one of you dies shortly after the …
Read more Wills & ProbateProbate is the process of proving that a Will is valid and confirming the Executor’s authority to administer the estate …
Read more Wills & ProbateBoth you and your husband should make Wills. As well as ensuring that you have provided for each other, you …
Read more Wills & ProbateMarriage will cancel your Will unless it was prepared in expectation of the event. Getting divorced will not cancel your …
Read more Wills & ProbateGenerally, if you own land, property or any other asset in a foreign country, you should have a Will prepared …
Read more Wills & ProbateThe answer is No. It is a common misconception that when a person dies their debts die with them. When …
Read more Wills & ProbateIf you cannot find a Will in any of the paperwork at the property, you should speak to other family …
Read more Wills & ProbateTo make a Will you must be over the minimum age limit and have “testamentary capacity”. This means you must …
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