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Does an executor to a will have to be a UK citizen?

Discussion in 'Personal' started by gorgybaby, Jan 6, 2012.

  1. I think you can ask who you like to be executor. Normally they say to have two, and I was advised not to use a solicitor. It can be quite arduous being executor though and if they are abroad it could be very difficult to execute their duties. You can decline to be executor even if you are named in a person's will. Normally with a straightforward will no one will intervene anyway. It is a matter of completing the proper forms correctly and distributing the assets accordingly. Having been an executor though I really think it would be hard for someone living overseas to do it. They can only be paid expenses, you don;;t get paid for doing the work, which can be enormous.
     
  2. magic surf bus

    magic surf bus Star commenter

    My recent experience as an executor of a pretty straightforward will suggests that whilst a lot of it can be done by phone or e-mail, there are still occasions where you need to go into a place and talk to people. If you apply for Probate you're expected to attend an interview at the Probate office. When you want accounts freezing or balances transferring you often have to provide original ID documents to prove who you are. The other thing to consider is getting your hands on the deceased's paperwork - unless they're highly organised with their filing that could take quite a while. It's difficult to see how the process could be conducted from overseas. Obviously if the foreign national was prepared to spend a while here then it wouldn't be so much of a problem.

    My deceased relative was fortunately very organised with their paperwork, but even so I've spent a lot of hours dealing with it all, and we haven't even got the Grant of Probate yet.
     
  3. I have been executor of two wills, my mothers and my gradnfathers, both had applications for Probate and we were not required to attend the Probate office.
    We did use a solicitor in both cases, did cost a bit but was worth every penny. It is a length process and a lot needs to be done in work hours which is not always the easiest to acheive.
     
  4. Yes, I have used solicitors also - I meant my own solicitor advised against naming a solicitor as executor.
     
  5. magic surf bus

    magic surf bus Star commenter

    We're cutting costs and not using a solicitor, hence the Probate Office interview I mentioned earlier. A Probate application costs £105 if done privately - anything on top of that is solicitor's fees.
     
  6. Is it permitted to have an executor named in a UK will who is not a British citizen?
     

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