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house left to both, older brother in charge of will house to be sold money split, and "gifts"of money to grand chrildren and brothers wife, he dies before its done , who takes over his sister or his wife??? This is in UK

2007-01-01 04:46:37 · 9 answers · asked by classiccommer 2 in Politics & Government Law & Ethics

9 answers

Ah neither, it is the dead executor's executor who takes over the executorship. A prudent man appoints a younger person as his executor, so I would hope one of the older brother's children has resonsibility.
If the executor has died prior to the person who's will he was to execute, and that person is still of sound mind the easiet thing is for them to appoint a new executor.
It is very sensible to arrange foor the estate to be sold and the contents distributed but with property value inflation one can have the situation we had here where a Man and his wife jointty left the estate to each other then his £ 3000 house to their 3 brothers at £ 1000 with the executor to get the residue, a small figure at that time, time passed and the Lady died aged 96 and the house sold for £730 000, caused a fuss that did, still they sorted it and split it 4 ways, wonderful arbitration system the Shot Gun.

2007-01-01 05:13:45 · answer #1 · answered by Tom Cobbley 2 · 0 0

The sister. She had better consult a solicitor at once so that the necessary application can be made to the court for a change in executor. The brother's share of the estate will, however, pass to his widow.

2007-01-01 05:01:43 · answer #2 · answered by Doethineb 7 · 1 0

The sister becomes the executors, however if the brother got dependants ( kids) they are entitled to a part of the estate.

2007-01-01 13:23:15 · answer #3 · answered by John D 2 · 0 0

It depends on the original will, and how long he survived the original owner of the house. In many wills, you must survive 30 days in order to inherit.

In any case, there is now no designated executor, so the will must go to probate to be actioned.

2007-01-01 08:04:35 · answer #4 · answered by Anonymous · 0 0

The original will would still apply. The sister would receive her 50%, the wife as the brother's heir would receive his share of the property.
Worth going to CAB for advice as this could be complicated.

2007-01-01 05:02:59 · answer #5 · answered by leekier 4 · 0 0

The sister gets the house.

2007-01-01 04:54:35 · answer #6 · answered by Rose 2 · 0 1

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2016-10-06 07:11:43 · answer #7 · answered by kroner 4 · 0 0

i think definently the sister. if it was their parents' house, the in would stay in the imediate family, not go to an in-law. after the sisters dies, then it would go to her oldest child and work it's way through to their children unless her will says otherwise. if she doesn't have any then it would go to her brother's oldest child and work its way through them.

2007-01-01 04:51:40 · answer #8 · answered by England France 2 · 1 1

his sister

2007-01-01 04:54:16 · answer #9 · answered by tootsie38 4 · 0 1

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