Resigning Exec/Trustee question

peatman

I have been asked to assist family. Husband recently died, wife daughter and step daughter named on will as executors and daughter and step daughter named as Trustees.
Will recently done by Will writing company and seems straight forward except that step daughter has fallen out with wife and daughter over terms of the will.
Husbands will states that the property be held in trust for daughters benefit and residuary estate split between daughter, step daughter and grandkids providing wife survives 30 days after his death. Wife is named as lifetime tenant. Property has been registered with Land Registry as Tenants in Common at same time as will was done.
Wife has a mirror will so on her death his trust ends and property passes to daughter in its entirety. Step daughter/daughter and grandkids get the same percentage of residual estate as under his will. (If anything is left).
As step daughter is resigning as exec does that mean she also resigns as trustee? If not is there a way of removing her?
I have already advised wife she needs to see a solicitor to rewrite her will and set up similar for her protection.
Any advice welcome.

getmore4less

Did they talk to the proposed executors and trustees about what they were doing?

Depending on what the will actualy say it may be that the executor and trustee status are one and the same.

Is the setep daughter not the child of either parent?

what are the issues can they be resolved.

peatman

The stepdaughter is the daughter of the widow.
Neither the daughter or the daughter were told that the original will was being altered and neither knew that they had been appointed.
The widow is also an Executor.
Item 2 on will is appointment of Executors where he appoints Wife, Daughter and Stepdaughter
Item 3 Trustees
Item 3.1 appoints Stepdaughter and daughter
Item 3.2 Expression my Trustees means my personal representatives and the trustees of this will and of any trust that may arise under it.
Does this help?

RAS

peatman wrote: »

The stepdaughter is the daughter of the widow.
Neither the daughter or the daughter were told that the original will was being altered and neither knew that they had been appointed.

Could you clarify?

peatman

Sorry, neither the daughter or the stepdaughter. Too many things in my head

Crabapple

If it says that the Trustees are the personal representatives then that would normally only be the ones taking out the Grant.

They need two Trustees if there is a house involved. So if the widow and daughter take out a Grant there should be no need for the step-daughter to get involved beyond having notice they are applying for the Grant. Those two as Executors then sort out the Trust and run that.

You mention that the wife's will mirrors and on her death his trust will end. Just to note that her will doesn't do anything to the trust it will need to be wound up separately. Her will almost certainly will state that a trust of her share of the house would only start if her husband had survived her, and gift her estate outright instead.

peatman

Thanks Crabapple. I am still a little confused. Its the daughter and stepdaughter named as trustees. So if I am reading your post correctly if the wife and daughter apply for a Grant, notify the stepdaughter then that should be okay? I do this via PA1 A6?