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It will all depend on whether your Husband leaves assets in his sole name of over £5,000 (ie Bank accounts/shares/other savings). If so, Probate will be required to be obtained before these monies can be released. It is up to the Executors named in a Will to obtain Probate.
Even though you are his Deputy, I am afraid your power under this would cease if your husband were to die.
If you have joint accounts, these would pass automatically to you if your husband were to go first, but as I have said, if he has any accounts etc in his sole name, Probate would be required if this amounted to over £5,000.
I hope this assists and sets out the legal position.
Thanks for your reply.
I am afraid that unless his Executors "renounce" Probate (ie willingly consent to give up their position as Executors), you are somewhat stuck as you won't be entitled to deal with the Estate just because you are his next of kin.
Unless your husband is still mentally capable of changing his Will or prearing a codicil appointing you as Executor in place of the existing Executors, then the existing Executors are entitled to act as such.
Sorry I can't give you the answer you were hoping for.
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