missing executor

soolin

I am executor of a will and there is also a second executor named. The will was written many years ago and I have no idea where the other executor is (he is in his late 90s by now anyway). Is this likely to be a problem?

Errata

It could be. Probably the quickest way to sort this out is to seek guidance from the Probate Office. Chances are the missing executor is dead, so I doubt it will be a novel problem for the PO.

datostar

Errata wrote: »

It could be. Probably the quickest way to sort this out is to seek guidance from the Probate Office. Chances are the missing executor is dead, so I doubt it will be a novel problem for the PO.

I recently finished dealing with my late father's estate. My late mother pre-deceased him but was still named as joint executor with me and he hadn't updated the will to reflect this. The Probate Office most definitely wanted to see a death certificate for my mother to allow me to act as sole executor. Definitely seek their advice.

monkeyspanner

I have used this site in the past to find someone.
www.findaddressuk.co.uk
You can buy credits online (using paypal or card) and then do various search types based on names etc.
Worked for me but I was looking for someone younger with an unusual surname.

I was also co-executor on an estate recently where the co-executor was deceased. The probate office were happy with a death certificate and did not seem that bothered.

soolin

Probate office weren't sure what we had to do, suggested I just formally declared I had tried to contact them. However, I know he moved from the address I have over 30 years ago as he retired at 60 after a family bereavement but probate office said it is probably better to try a letter to that address 'just in case'.

Savvy_Sue

If that's what they've suggested, that's what I'd do. Did he move to a different area? If he did, and you have no idea where, your chances of finding him are slim, and it would even be tricky to find out if he was still alive!

You don't know any of his family at all, do you? Not still in your dad's address book?

Never simple, is it?

chesky369

Have you tried googling his name?

soolin

chesky369 wrote: »

Have you tried googling his name?

I hadn't actually but since all I have is a name, and a common one at that, I wouldn't know if i had found him or not.

I did just try a simple Google search but returned pages and pages, even on facebook there are hundreds of people with the name.

Errata

soolin wrote: »

Probate office weren't sure what we had to do, suggested I just formally declared I had tried to contact them. However, I know he moved from the address I have over 30 years ago as he retired at 60 after a family bereavement but probate office said it is probably better to try a letter to that address 'just in case'.

I wonder if it works the same way as divorce after 5 years separation when one of the partners can't be found? AFAIK the divorce judge is satisfied if a notice is put in a newspaper local to the area the missing person was last heard of. Just a thought.

Savvy_Sue

Errata wrote: »

I wonder if it works the same way as divorce after 5 years separation when one of the partners can't be found? AFAIK the divorce judge is satisfied if a notice is put in a newspaper local to the area the missing person was last heard of. Just a thought.

and that would of course be an expense to claim from the estate. Might be necessary to use the London Gazette, could be worth phoning a couple of solicitors to see if they will give an opinion.

Willman_Rodders

Firstly, I am not a Probate expert so the following could be wrong. Further, all my text books that do cover Probate are silent on the situation you mention i.e. Having an executor appointed who may be alive but is untraceable.

Reading the posts above there is an indication that where an executor is dead then the death certificate is required as proof. This perception appears to be supported by the application forms for Probate that indicate every named executor must be accounted for -- although the guidance notes to form PA1 does not indicate that a death certificate is required for a deceased executor.

Your difficulty though is that you cannot be sure the named executor is actually dead. Where you cannot be sure the named executor is dead, but you are certain the named executor is not undertaking their duties, then the Administration of Estates Act 1925, section 5 (http://www.legislation.gov.uk/ukpga/Geo5/15-16/23
appears to provide a solution: obtaining a citation may be the legal answer.

I have no idea how you go about it, or what it entails. But I hope that snippet of information may be of some help.