How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10776
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Type Your Law Question Here...
Aston Lawyer is online now

I am the sole beneficiary of my husband's Will. Two of his

This answer was rated:

I am sole beneficiary of my husband's Will. As sole beneficiary can Will be administered without executors .

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

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.

Kind Regards


Customer: replied 2 years ago.
Can I as his next of kin and sole beneficiary sort out probate. I no longer get on with one of his executors - his daughter and I am sure she will try and make mischief. There are 4 executors in total, 2 of his and 2 of my relatives. My husband is likely to have a large cash sum left, we are paying care home fees but may get fees paid by NHS

Hi Lynne,

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.

Kind Regards


Customer: replied 2 years ago.

Thanks Lynne.

If I have assisted, I would be grateful if you could rate my answer.

Kind Regards


Aston Lawyer and other Law Specialists are ready to help you