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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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is any one of 3 executors allowed to make out a document regarding

Resolved Question:

is any one of 3 executors allowed to make out a document regarding executors duty's regarding a will and make the executor sign it as a legal document ???
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What exactly are the executors doing and who are they asked to sign what in respect of what?.
Customer: replied 2 years ago.

I am the eldest of 3 sisters appointed by our father to act as executors and trustees to his estate . He died age 78 in 1999 . eight years before he had remarried . in his will he stated the wife could live in the house for her lifetime , we have abided by his wishes , but a few weeks ago she died . we were told 2/3 off us executors needed to go to the house and make sure its secure now its empty make sure its insured etc and also do an infantry in the house then proceed to put the house up for sale ..

My two younger sisters (co executors' )met up on Sat 29th mar to discuss the arrangements and make a decision on what had to be done I was unable to go to the meeting I have serious health problems and was poorly that day. but happy to let them make any decisions .. My next sister under me came back told me the decisions that had been made I agreed .

on Sunday the 30th youngest sister sent via email the notes she had drawn up from the meeting to my sister below to be checked out and she told her to pass the notes on to me and for me to agree/disagree to ,and either send my reply back via my sister or directly onto her . I wrote a reply agreeing . but I chose to just reply to the mail and send it back to her via the sister who forwarded to me knowing she would pass it on ..

then there was nasty mails came through from youngest Sister .there were abusive phne calls to I won't go into that . but the jest is she claims ive done it illegally by not sending her personally the mail direct to her . so this morning tues 01 04 ive received a registered Mail youngest sister setting out some different information from the original one she sent us about the meeting .. telling me I MUST sign agree/disagree and send the forms back to her and if I didn't , I would be breaking the law as it was a legal document .. and she would sue me for wasting her time and send me a bill for any costs occurred by her . the notes and lay out was all done by her so I,m worried now can as she's threatened sue me for not sending signing them or sending them back and can she charge me for any expenses she's occurred . writing and copying the notes out and emailing them to us

 

regards XXXXX XXXXX

Expert:  Jo C. replied 2 years ago.
Thank you.

She has no cause of action or indeed complaint if you happen to send any documentation intended for her via a third party who was another executor.

Unless she is a solicitor or accountant or other recognised professional and there is a clause in the will allowing her to charge for her time she is not entitled to do so.

Whether you are required to sign whatever the document is, really depends what it is.

If it is a transfer deed to transfer the property to a prospective purchaser you are required to sign it but you are at liberty to take legal advice to make sure that you are not signing something that you should not do and you are entitled to ask the executors to deduct that cost from the estate. Letting you take legal advice on the effect of the document is not at all unreasonable.

If the forms have come from a solicitor via your sister, you can ask the Solicitor to explain to you the full extent whatever it is that you are being asked to sign.

It appears that the property is to be sold and you are not able to slow or stop that process and if as a result of any delays that you cause which are outside what would be deemed to be reasonable (such as taking legal advice) then you may be personally liable for any loss to the beneficiaries.

As a co-executor you are entitled to know exactly how much the property is being sold for and to who if that is what this is all about.

Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your assistance you've answered My Questions satisfactorily ..

 

At this time now and for the forcible future I do not need any more advice . but will gladly recommend your services to friends .

 

I do not wish to Join the monthly payment scheme as it was only a one of emergency

 

regards XXXXX XXXXX

Expert:  Jo C. replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/


Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience: Over 5 years in practice
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