Executor of a will?

[Familyofmonkeys]

Can someone please help me asap

My sister is about to write her will and wanted me to be an executor (jointly with her husbands sister), but has been told by her husband that I can't legally be one since I don't live in the UK.

I can't find anything to support this belief on any websites. Does anyone know that law covering this?

[whakapapa]

Can someone please help me asap

My sister is about to write her will and wanted me to be an executor (jointly with her husbands sister), but has been told by her husband that I can't legally be one since I don't live in the UK.

I can't find anything to support this belief on any websites. Does anyone know that law covering this?

You can be an executor and live abroad, but it often creates problems because you aren't in the country where the probate is being dealt with. If things are straightforward that shouldn't be a problem but if there are complications you can decide to waiver your right to administer the estate and allow your husband's sister to deal with things. You can make the waiver reserved which basically means you can step back in if you think she isn't doing a good enough job. Living abroad does not stop you being named as an executor at all.

[Tia Maria]

I agree with whakapaka that it can be tricky to deal with these things if you're not in the country for any length of time.

Here is the CAB's list of what you may need to do as executor:

http://www.adviceguide.org.uk/index/...o_has_died.htm

So if you agree to be an executor it might be worth pointing out that you may be more of a 'back up executor' so that her husband's sister knows what is involved.

Or get a third executor, a professional - yes, there will be fees involved but they will be able to speed through paperwork at a time when it will be the last thing either of you are wanting to do.

[Familyofmonkeys]

Thanks

[Dave in NZ]

When we first moved over to NZ I was executor of my parents wills and we asked my solicitor if this would be a problem and she replied that I can live anywhere in the world and be an executor to my parents wills but as has already been said problems could arise with all the work involved and I am not in the same country to be able to deal with things.So we made my brother executor of both my parents wills as long as I approve to what he is doing