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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
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Would appreciate some advice. A husband and wife did mirror

Resolved Question:

Good Morning
Would appreciate some advice. A husband and wife did mirror Wills. The property they owned was put into tenants in common. They had the same executors and trustees and beneficiaries. Each had the right to remain in the property when the first died.
On the death of the husband probate was done . His residual estate after the property went to his wife anyway as they held monies jointly. The ½ share of property was well under IHT threshold and subsequently held by wife and another executor and never sold. She remained living there until her death. No income arose.
The wife decided with her half property and own savings she wanted different executors and beneficiaries so drew a Will up on that basis purely on what she owned (1/2 house value) and inherited monies as well as her own.
She has now died. One assumes probate has to be obtained on her half of property plus monies less IHT threshold and small balance remaining from late husband. Can you confirm I am right.
Problem could be that original joint trustee of man’s estate is trying to say he should be an executor of her estate as well because that was in the original Will. Is that right. I would have thought that provided he is kept in the loop re the half share due to him what the wife did is none of his business.
Can you say what if any his rights are and are the wife’s named executors OK to carry on per her Will.
Thank you.
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

The troublesome executor of the husband’s estate is only an executor of that estate and the husband share of the house. He is not the executor of the late wife’s estate nor is he entitled to be unless she specifically appointed him.

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