Will advice - who are the executors...

Steves_2

Hi all,

Before I discuss this with the solicitors I wonder if someone can dissect this wording:

4_ I APPOINT as my executors and trustees the partners at my death in the firm of SOLICITORS NAME & ADDRESS or the firm which at that date has succeeded to and carries on its practice, my son XXX XXX and my son YYY YYY to be the executors and trustees of this will.

My question is - does the above mean the Solicitors are acting as an executor and trustee along with XXX and YYY?

Or does the wording 'in the firm of' mean they are just holding the will and they have no say?

Grateful in advance.

patchwork_cat

3 trustees the solicitor and 2 sons. The firm merely means that if the original solicitor has sold up then whoever has taken over their case load.

Steves_2

Cheers

So they are executors too?
Is that a good idea?
Does that mean X and Y have to get their approval for anything?

RAS

means the that the law firm get lots of nice money for doing things that the sons would do for free.

Deep_In_Debt

RAS wrote: »

means the that the law firm get lots of nice money for doing things that the sons would do for free.

Mmmm! Exactly my sentiments. My uncle died a couple of weeks ago and I'm an executor of his will and I'm trying to take as much as I can away from the solicitors for that very reason. It upsets me to think my uncles hard earned and hard saved is being used in this way.

Steves_2

Deep_In_Debt wrote: »

Mmmm! Exactly my sentiments. My uncle died a couple of weeks ago and I'm an executor of his will and I'm trying to take as much as I can away from the solicitors for that very reason. It upsets me to think my uncles hard earned and hard saved is being used in this way.

Sorry about your uncle.

Did your Dad name the Solicitors as executors too? (as well as you?)

thorsoak

You can always ask the solicitors to relinquish executorship - if they haven't started work, they have to swear an affidavit, if my memory serves me correctly, stating that they have not "intermeddled" with the probate, and hand it over to you and your brother.

patchwork_cat

thorsoak wrote: »

You can always ask the solicitors to relinquish executorship - if they haven't started work, they have to swear an affidavit, if my memory serves me correctly, stating that they have not "intermeddled" with the probate, and hand it over to you and your brother.

They aren't likely to relinquish though are they?

Steves_2

There is no probate issue with this will as it's my mums - I'm checking for the future.

My father who just passed away had the same clause and I thought - hmm this looks dodgy.

But you bring up an interesting point - they have the right not to relinquish their position???? Can't believe that they could do that???

Savvy_Sue

Steves wrote: »

TBut you bring up an interesting point - they have the right not to relinquish their position???? Can't believe that they could do that???

Yes, they have the right NOT to relinquish their position. I believe they're usually happy to do so if the estate is so small they won't make any money on it. Otherwise, why would they?

patchwork_cat

Steves wrote: »

There is no probate issue with this will as it's my mums - I'm checking for the future.

My father who just passed away had the same clause and I thought - hmm this looks dodgy.

But you bring up an interesting point - they have the right not to relinquish their position???? Can't believe that they could do that???

I have recently been through a very extended family will lasting 2 years and the solicitor behaved very unprofessionally IMO just thinking money money all the time. I believe that the other executor had some mental health issues, but he had intermeddled before I realised.