I'm currently studying law (I know, may the gods help me..) and because of
this, plus a perception that I'm an efficient administrator (how easy it is
to deceive...) I'm told that I've been named as the executor for a
relative's estate when they pass on.

I *suppose* I'm willing to undertake this task, but it raises some questions
that my studies haven't brought me to yet:

- does a testator have to seek the consent of those he names as executors?
- if so, how should this consent be given?
- if no consent is sought or needed, can a person named as executor refuse
the task? Does it make any difference if they find out about it before or
after the death of a testator?
- I know an executor can claim reasonable expenses incurred in performance
of his duties; can he also claim lost wages/revenue if he is self-employed?

Don't wish to sound curmudgeonly, and hope that this task is many many years
away yet - just like to know where I stand...

Ta

T

Traveller wrote:
I'm currently studying law (I know, may the gods help me..) and
because of this, plus a perception that I'm an efficient
administrator (how easy it is to deceive...) I'm told that I've been
named as the executor for a relative's estate when they pass on.

I *suppose* I'm willing to undertake this task, but it raises some
questions that my studies haven't brought me to yet:

- does a testator have to seek the consent of those he names as
executors?

No but it is common courtesy, and good manners to do so.

- if so, how should this consent be given?

There is no need for formality as the naming in the will is sufficient.

- if no consent is sought or needed, can a person named as executor
refuse the task?

The person can of course refuse and if named executor in the will can resign
provided they do so before taking any steps to administer the estate.

Does it make any difference if they find out about
it before or after the death of a testator?

See above. If they find out they have been named as executor before the
testaor's death .and don't want to act the correct thing to do would be to
tell the testator as soon as possible.

- I know an executor can claim reasonable expenses incurred in
performance of his duties; can he also claim lost wages/revenue if he
is self-employed?

Probably not unless there is a clause in the will allowing them to do so.

Don't wish to sound curmudgeonly, and hope that this task is many
many years away yet - just like to know where I stand...

Peter Crosland

"Peter Crosland" wrote in message
...
[many helpful things]

Peter: Thank you for your clear and concise advice - much appreciated

Traveller wrote:

- I know an executor can claim reasonable expenses incurred in
performance of his duties; can he also claim lost wages/revenue if he is
self-employed?

Doubt that but, if one is self employed, one will have an hourly rate.
I would have thought reasonable expenses would have included the costs
for both (reasonable) time and materials.

Not a lawyer however.


--
Old Codger
e-mail use reply to field

What matters in politics is not what happens, but what you can make
people believe has happened. [Janet Daley 27/8/2003]

Old Codger wrote:
Traveller wrote:

- I know an executor can claim reasonable expenses incurred in
performance of his duties; can he also claim lost wages/revenue if
he is self-employed?

Doubt that but, if one is self employed, one will have an hourly rate.
I would have thought reasonable expenses would have included the costs
for both (reasonable) time and materials.

There is a very real distinction between out of pocket expenses genuinely
incurred and charging a fee. When a solicitor is appointed executor in a
will it is normal to state that his professional fees will be paid from the
estate. If this is not done then he would not be able to charge the estate.


Peter Crosland

Peter Crosland wrote:
Old Codger wrote:
Traveller wrote:
- I know an executor can claim reasonable expenses incurred in
performance of his duties; can he also claim lost wages/revenue if
he is self-employed?
Doubt that but, if one is self employed, one will have an hourly rate.
I would have thought reasonable expenses would have included the costs
for both (reasonable) time and materials.

There is a very real distinction between out of pocket expenses genuinely
incurred and charging a fee. When a solicitor is appointed executor in a
will it is normal to state that his professional fees will be paid from the
estate. If this is not done then he would not be able to charge the estate.

Ah, thanks Peter.


--
Old Codger
e-mail use reply to field

What matters in politics is not what happens, but what you can make
people believe has happened. [Janet Daley 27/8/2003]