Can an executor add another executor to a will?

Jon_01

Anyone know?

My mother in law has just passed, we've found a copy of the will (and checked it's current). The executor's are listed as her son and daughter (my wife).

Her son isn't around and my wife isn't keen to take it on at this time. Can she add me as another executor so I can get everything sorted? I know the process as I was the sole executor on my own mothers will when she passed a few years back.

(yes, we could ask the solicitor that holds the will and is retrieving it from storage now, but they're glacial slow and unhelpful)

Thanks

gettingtheresometime

I don't think you can but can't you do the work and just get your wife to sign the paperwork?

meritaten

Yes you can in a way. my mum was unable to be an executor for her sisters will and asked me to do it. I was able to do that as she signed a letter drawn up by the solicitor appointing me her agent and giving me the power to sign Per Pro.

Tuesday_Tenor

PA forms here:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=735

1) Your b-i-l named as executor will have to be accounted for on the PA1 form: he'll have to say whether he wants to renounce executorship completely or take power reserved. Or you'll have to say he can't be traced, which I don't think is the case here.

2) On the PA1 form your wife could formally appoint you as her (ordinary) attoney to act on her behalf. There is more info in the PA2 notes. Note that an attorney can't be appointed in this way if there is another executor acting in their own right. So, for example, b-i-l couldn't apoint you as his attorney if your wife was continuing to act as executor. Similarly, I suspect you could only be your wife's attorney if b-i-law has renouced, as with 'power reserved' he could step back in at any time, and that would create the situation that they say isn't allowed.

[This ordinary attorneyship, created for this specific purpose of executing the will, is nothing to do with the EPA/LPA which might already be in place for an executor who has already lost mental capacity].

It might be simplest for you to just do the work and your wife to sign the forms as executor. Or if your wife doesn't want to get involved in visiting banks etc with you and just wants you to do it all independently then the power of attorney route might be better.

The difference is:
- if she is executor, she signs everything and is legally responsible for the correct administration of the estate, even if you may have done all the leg-work
- if she appoints you as her attorney, you in effect become the executor, you sign everything and you are legally responsible for the correct administration of the estate.
I suspect either of these scenarios would be acceptable to you as a couple, but the difference needs to be understood.