Will, but no executor

[J.James]

Hi everyone

I need to get my own will done. It's not something I'm confident about doing.

I have a problem. I have no close relatives, two nephews & a niece. That's all & I don't trust any of them. They caused no end of trouble when I had to sort out my Mothers small estate a couple of years back.

My small estate will consist of cash (50k) & furnishings, I don't own any property. I want to leave it all to charity. I don't think this will sit well with anyone.

I'm not sure what my options are. Will a solicitor even let me do a will without an executor? Would I need a solicitor to be an executor?

If I don't name an executor on my will, will one of my nephews/niece get an option without my consent to become an executor? If they do, I don't think my Will would be carried out, more likely, it won't be found.

 

[Yaayuh!]

You can appoint the solicitor as an executor at a cost.

Best to discuss this with whoever you're getting to write up your will, they'll be able to advise.

 

[dlockers]

I'll do it; but best you send the cash now.

 

[Shoza]

As said above appoint the solicitor. They will deal with the estate and distribute the surplus to your nominated charity.

 

[dirtychinchilla]

From experience, you need to tell your relatives in advance. Otherwise, they will kick off once you're dead.

 

[ANDARIAL]

From experience, you need to tell your relatives in advance. Otherwise, they will kick off once you're dead.

Wont that cost them money though?

 

[BUDFORCE]

Leave it all to Donkeys in Bethlehem, or whatever that charity is.

Nothing says **** you more to relatives you don't like.

 

[Stu999]

You need a solicitor to be your executor. They charge a fee based on a % of the estate value IIRC.

 

[darkgen]

You need a solicitor to be your executor. They charge a fee based on a % of the estate value IIRC.

Be careful with this as although the estate may be small; their hidden / percentage costs can quickly ramp up. If possible, nominate a trusted friend and be extremely specific / itemise what exactly you want done. IF you wish to leave it all to a specific charity; they can usually assist or attach it to an established trust (for that charity).

 

[Mason-]

In the absence of executors the beneficiaries usually act as executors. Not sure how this works with leaving to charity though - maybe contact the charity, tell them of your intentions and they may agree to act as the executors if it benefits them.

Like others have said though you can appoint a solicitor to do it.

 

[J.James]

Okay, thank you. I'll go the solicitor route and be wary of the costs they might end up charging. I don't think my estate is complicated but I've been told things like additional bank accounts which would need closing can impact a solicitors costs due to the time they will need to spend getting it closed down?
I will do some more research.

 

[Minusorange]

Be careful with this as although the estate may be small; their hidden / percentage costs can quickly ramp up. If possible, nominate a trusted friend and be extremely specific / itemise what exactly you want done. IF you wish to leave it all to a specific charity; they can usually assist or attach it to an established trust (for that charity).

Could you not list the chosen chairty as executor to avoid all the faff ?

 

[BUDFORCE]

I mean I guess you never know, I'm obviously I'm hoping this never happens.

But given your scenario, if you found out like you were ill or something, and you didn't want to leave anything, well, £50k would get you a fair bit of coke and hookers, just saying.

 

[Mr Badger]

As said above appoint the solicitor. They will deal with the estate and distribute the surplus to your nominated charity.

Surplus? You think anything will be left once the solicitor has taken their cut?

I would suggest:

1) Contact the charity. They will probably be extremely helpful and may offer to sort it all out for you at no upfront cost if it means them getting a bequest.

2) If you don't want your relatives to get anything, then expressly state that in writing to help cut off any future challenge.

 

[john_smith]

I can't advise on the legal aspects but if I was in a position i'd let the family think I had plenty of money and that they are included in the will. When i'm sat there on my death bed i'll be smiling away thinking of them sat in the solicitors office when my will is read out.

 

[robfosters]

I can't advise on the legal aspects but if I was in a position i'd let the family think I had plenty of money and that they are included in the will. When i'm sat there on my death bed i'll be smiling away thinking of them sat in the solicitors office when my will is read out.

Reminds me of that scene in Gran Torino when the will is read and Walt’s vulture family get nothing

 

[Quartz]

I'm not sure what my options are. Will a solicitor even let me do a will without an executor? Would I need a solicitor to be an executor?

An estate needs an executor. This is someone who is personally responsible - and liable - for the winding up and distribution of your estate. However, the executor can appoint an administrator (usually a solicitor) to actually do the work. If you have a good friend I suggest you appoint them as executor so they can then appoint and monitor a solicitor as administrator rather than a solicitor directly so your estate doesn't get rinsed with fees.

With regards to your will not being found or 'going missing', just register your will with the Office of the Public Guardian.

 

[ethan]

Prepare to get ripped off by the solicitor. For example, I would get frequent letters as an executor telling me there was a problem-only to read on the paragraph further down, that it had been sorted and that there was no longer a problem at all.

 

[Semple]

IIRC some of the bigger charities offer free will writing if they're included to receive money upon your death. So defo worth a conversation with them about your situation. I'm confident you won't be the first or only person asking what to do with no trusted family around to act as executors.