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Can a Person in ESA Support Group be Co-executor of a Will?
- droopy
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11 hours 20 minutes ago #311830 by droopy
Can a Person in ESA Support Group be Co-executor of a Will? was created by droopy
Very similar to previous post:
Can a person in ESA support group be co-executor of a will?
My mum wants me to be co-executor of her will.
In the past, I have had a stroke, heart problems, and severe depression.
I have partially recovered from the stroke, and the heart problem is now milder and much more infrequent. The depression is still severe, partly because of memory problems.
The memory problems are bad. I forget most of what is said to me, as soon as it is said to me.
I function by taking notes and referring back to them.
If the DWP find out that I am co-executor of a will, at any stage (although it may be be that I am giving them too much credit) will inferences then be made about my supposed fitness for work?
I would rather not accept the nomination, if by doing so I run the risk of losing benefit.
Any thoughts upon the matter, by members who have done this, or are doing this, are very much appreciated.
Thanks,
Droopy
Can a person in ESA support group be co-executor of a will?
My mum wants me to be co-executor of her will.
In the past, I have had a stroke, heart problems, and severe depression.
I have partially recovered from the stroke, and the heart problem is now milder and much more infrequent. The depression is still severe, partly because of memory problems.
The memory problems are bad. I forget most of what is said to me, as soon as it is said to me.
I function by taking notes and referring back to them.
If the DWP find out that I am co-executor of a will, at any stage (although it may be be that I am giving them too much credit) will inferences then be made about my supposed fitness for work?
I would rather not accept the nomination, if by doing so I run the risk of losing benefit.
Any thoughts upon the matter, by members who have done this, or are doing this, are very much appreciated.
Thanks,
Droopy
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- LL26
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2 hours 42 minutes ago #311835 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Can a Person in ESA Support Group be Co-executor of a Will?
Hi droopy,
I'm not aware of any legal reasons why someone on ESA can not become an Executor. The duty of an Executor is to record all the assets of the deceased and record these, You will have to then fill out Probate forms and eventually pay any inheritance or other tax due, and then distribute the assets in accordance with the Will.
From my own recent experience this maybe very simple or can be enormously complicated, depending on the amount of money involved, the type of assets - property is always more complicated than just money.
You can always hire a solicitor to help with any part of the Probate process, doing tax calcs, selling or transferring property etc, although this is likely to cost money and could be expensive.
You need to consider whether you could do these things or are prepared to get legal help.
There is no reason why sibling/s can not share being Executors and the job can then be done together.
I believe that if you have become an Executor when the testator passes away if don't wish to act or feel eg due to poor health that you can't do this, you can decline, but remember that if you are the remaining sole Executor this is going to cause legal problems.
Of course it is difficult for anyone to know when a loved one will pass away. It maybe that your Mum lives for several years and you are no longer on ESA, or you have become a pensioner.
Maybe have a chat with your siblings/s or the other people who be co- executor. How do they feel about sharing the task and you working with them, especially if your contribution is much less. Can you work with the other person?
I doubt that DWP will know you have become an executor, either now or indeed at the time when the will maker dies. If there are few and or not complicated assets and little or no tax, being an active Executor will not be difficult. As stated above if things are too tricky you can share with Co-executors it seek legal advice. In this case even if there was some sort of problem with DWP then you could simply say yes I'm Executor but my sister is doing all the work. I have never become aware that acting as an Executor has ever caused a problem with DWP.
On a personal note, being named as an Executor is a privilege, it means that you have been especially chosen as doing the last acts for the deceased, it also means that you retain control over the estate which could be important if you have a discordance in your family.
I hope this helps.
LL26
I'm not aware of any legal reasons why someone on ESA can not become an Executor. The duty of an Executor is to record all the assets of the deceased and record these, You will have to then fill out Probate forms and eventually pay any inheritance or other tax due, and then distribute the assets in accordance with the Will.
From my own recent experience this maybe very simple or can be enormously complicated, depending on the amount of money involved, the type of assets - property is always more complicated than just money.
You can always hire a solicitor to help with any part of the Probate process, doing tax calcs, selling or transferring property etc, although this is likely to cost money and could be expensive.
You need to consider whether you could do these things or are prepared to get legal help.
There is no reason why sibling/s can not share being Executors and the job can then be done together.
I believe that if you have become an Executor when the testator passes away if don't wish to act or feel eg due to poor health that you can't do this, you can decline, but remember that if you are the remaining sole Executor this is going to cause legal problems.
Of course it is difficult for anyone to know when a loved one will pass away. It maybe that your Mum lives for several years and you are no longer on ESA, or you have become a pensioner.
Maybe have a chat with your siblings/s or the other people who be co- executor. How do they feel about sharing the task and you working with them, especially if your contribution is much less. Can you work with the other person?
I doubt that DWP will know you have become an executor, either now or indeed at the time when the will maker dies. If there are few and or not complicated assets and little or no tax, being an active Executor will not be difficult. As stated above if things are too tricky you can share with Co-executors it seek legal advice. In this case even if there was some sort of problem with DWP then you could simply say yes I'm Executor but my sister is doing all the work. I have never become aware that acting as an Executor has ever caused a problem with DWP.
On a personal note, being named as an Executor is a privilege, it means that you have been especially chosen as doing the last acts for the deceased, it also means that you retain control over the estate which could be important if you have a discordance in your family.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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