Executor Of Will Lives Overseas

[foxyferret]

Hi, I wish to make my eldest daughter the executor of my will but as she lives in the USA, my solicitor is advising against it. I assume it may be to do with money laundering, I don’t really know. Obviously she would fly over if anything happened to me, but is there any legal reason why someone living abroad cannot be an executor of a UK will. Many thanks.

[Hymie]

I’m pretty sure that there is no legal reason a person living abroad could not be executor of a UK Will; otherwise what would happen should someone named as executor move abroad?

But someone living in the USA, and acting as executor of a UK estate would have more problems than most; with banks and other financial institutions unable to easily verify exactly who they are – and they’d likely need to have/open a UK bank account to administer the estate funds (which might prove impossible without a UK address).

So I think your solicitor is advising against it for very valid reasons, unless say your Will left everything to your eldest daughter.

[Peter Pedant]

Strikes me as a bit of a dim idea. My main heiress lives overseas and I have told the executor that she gets the main part and he ( en Angleterre) will have to lump it

The other thing is of course the solicitor is saying - "I will do the job instead at a whacking great fee!"

[Peter Pedant]

eldest kid executrix
so..... your other kids are durrs

happens in every family I can tell you
oh and.... someone popping up and saying: "what is my share I want it NOW !"

[Hymie]

Making one of your offspring executor (executrix) of your Will should not be an issue, even if they are one of the beneficiaries of your Will.

My late mother made me executor of her Will; after she passed I shared a copy of the Will with my siblings (and others who were beneficiaries of the Will) and went about distributing her estate as per her wishes.

Unless your estate and its distribution is complex, I would advise against appointing a solicitor as executor of a Will – which effectively writes a blank cheque to them for the work in distributing the estate.

[Peter Pedant]

solicitor probating a will is a milch cow for him
form filling at £200 / hr

BA hymie

[foxyferret]

I have no intention of appointing a solicitor as executor. My eldest daughter is in the states as I said and the other executor is my youngest daughter who lives in the Uk. My only concern was if there would be any complications with my eldest living overseas.

[Peter Pedant]

No
one executor can do most things - ( xc transfer land I think)

[barry1010]

I can foresee many complications but the best thing you can do is call your solicitor and ask him why he is so against it. The legalities of closing your bank account and transferring the monies would be near the top of the list; then there is the practicalities and inconvenience of selling your property which could take months.
Your solicitor can explain it all in detail

[barry1010]

I have just read your post that states your other daughter would also be executor. That makes a big difference, you didn't mention it earlier

[Barmaid]

Hymie is right. There are no legal reasons whatsoever - it is practicalities. I'd appoint your daughter and let her sort it our. She can always get a solicitor to act for her if there are any practical issues but she would then be in complete contr

[Barmaid]

Sausage fingers on my phone...

Control.

You are of course entitled to ignore your lawyer's advice. But I'd be inclined to ask him what the problem is. There may be something unique about your circumstances or estate which causes valid concern.

[foxyferret]

Thank you all for your helpful advice.

[Hymie]

If you name both of your daughters as joint executrixes, that should overcome any issues re bank accounts etc in the UK. In such a situation, it is likely that the daughter living in the USA would agree to her sister doing most of the donkey work in distributing the estate, with her overseeing things.

Just make sure both daughters know where the original of the Will is stored.

[foxyferret]

Hymie, they both have a copy of my will as well as the solicitor.

[Hymie]

There is a subtle but very important difference between the original of a Will and any copy. Without the original Will all sorts of complications will arise – therefore it is important that the original is identified.