Thread: Wills, executors and disinheriting a person questions!

Mods - please move if necessary, I couldn't find a section where this would "fit".

My parents have confided in me that they are in the process of making their wills. It's something my father has tried to talk to me about for a long time but although I know it needs to be done, I just don't want to think about it.

They have said one of my siblings is executor but want to name me as second executor in the event of the other's death. They chose us because "you're honest, upfront and not easily bent by your siblibgs, so we know you'll honour our wishes" I said I would always make sure their wishes were met and God help anyone who stands in the way of that, but I'm not sure I would be the right person to be executor, and I want it done properly and am not confident that I am the right person to do it, I've never dealt with that before. To top it all, they have informed me that a certain someone is cut out of all inheritance - to be honest I'm not surprised, but I know this person will make a fuss. So I have a few questions:

1. Can they name me as executor without me signing in agreement

2. Can an executor be "contested" ie, can someone object? (I know my siblings won't like me or the other chosen person being executor because they know fine we will carry out what mum and dad has specified, and won't bend to them)

3. Mum wants to know if she can have a letter written to "the executor" to explain to the family why they have disinherited that one other person, although I am fairly sure everyone already knows why.

4. And what will happen if this disinherited person contests the wills? What's the process as mum is very worried about this happening.

They have a long life ahead of them yet but I don't want them to spend that time unsure of what will happen, they should be able to enjoy their old age in peace.

I really have no experience in this area at all and am a bit unsure, sorry.

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1). Yes, but you can renounce it.

2). Don't think so

3). She can leave a sealed letter alongside her will but make sure it is only "general" and doesn't make any bequests outside of the will.

4). Use a good solicitor.It is very expensive to contest a will & they will need "grounds" not just feeling hard done-by.

Obviously you or any other beneficiary cannot be a witness.

Thank you Chancellor. Just to clarify:

Basically this disinherited person has made my parents life hell and is the sort of person who will steal, beg cheat and lie, if it means he will get something out of it. I cannot describe how low this person will sink, he is pure evil. My parents would turn in their graves if this person was successful and I'll do whatever it takes to honour what they want, even if I'm not successful in stopping him at least I can know I tried to do what my parents wanted.

If said person contests the will (it will be "I'm hard done by", but he will make untrue claims and sink to anything if he thinks he can get a share), myself and others named as beneficiaries cannot get involved? Not at all? As we are the only people who know the real situation.

If this is the case, can I become involved if I sign away my inheritance? I am perfectly willing to disinherit myself if it means I can make a stand for my parents wishes. It's not about the money or assets for me, it's about honouring what my parents want.

Thanks.

He/she cant do anything in that case.

Not sure what you mean by "can't get involved"?

You can still be an Executor just make sure the will is water-tight if you know at this stage that there is going to be hassle.

Use a solicitor & have independent witnesses not related to your parents.

Unless the person you are referring to was being supported financially by your parents at the time of their death, or was under 18 then they will have no sustainable claim on thier estate.

Ensure the will is drawn up properly by a solicitor.

By "not get involved" I meant not be able to get involved in a case against this person who I am sure will attempt to contest it. I just want to make sure my parents wishes are met.

They are seeing a solicitor about it but haven't mentioned this person. I think it's wiser if they do mention him at least then the solicitor can give them rounded advice.

Thank you all for your help, it's appreciated, and rep left.