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Will says "AND"

Executors for my will state XXX and YYY.

Will they have to work together, or can one do something official to not take on the role of executor (after I've died) ?????

Comments

  • Crabapple
    Crabapple Posts: 1,573 Forumite
    No-one has to act as an Executor.

    Either (or even both) could reserve their powers or renounce the appointment.
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  • Keep_pedalling
    Keep_pedalling Posts: 22,512 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They can work together, or one can do it all while the other either reserves powers or can withdraw them totally.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    izoomzoom wrote: »
    Executors for my will state XXX and YYY.

    Will they have to work together, or can one do something official to not take on the role of executor (after I've died) ?????

    As Crabapple says - it's up to them.

    My Dad named two of us as his executors. The other executor reserved his powers and I took the oath and signed all the paperwork. The other could have stepped back in if I had become incapable or made a mess of things.

    If you want the two of them to work together all the time, your will could say 'jointly' - but one or both could then refuse to work as a team and leave you without any executors.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 14 May 2017 at 9:31PM
    izoomzoom wrote: »
    Executors for my will state XXX and YYY.

    Will they have to work together, or can one do something official to not take on the role of executor (after I've died) ?????
    Either or both can refuse to accept the executorship. Have you discussed it with both of them? IMHO not asking someone if they are willing to be an executor is both foolish and plain rude.
  • izoomzoom
    izoomzoom Posts: 1,564 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Either or both can refuse to accept the executorship. Have you discussed it with both of them? IMHO not asking someone if they are willing to be an executor is both foolish and plain rude.

    There was none of that, other executor has just chosen not to speak to us for two years, and I didn't want to get will redone, just to get their name removed as executor.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    These days it is easy to go back and get a simple change done. It may cost £100 for the admin but worth it for peace of mind. Better to add another executor in case one is unable or unwilling to act.
  • Mojisola
    Mojisola Posts: 35,574 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    izoomzoom wrote: »
    There was none of that, other executor has just chosen not to speak to us for two years, and I didn't want to get will redone, just to get their name removed as executor.

    Best to choose a replacement rather than rely on just one executor.

    If the will is reasonably recent, it will just be a case of changing a name on the computer file and printing out a new one to sign. Our solicitor does this for a very low price.

    If the will is older, it could be worth reassessing the whole will and making sure it's still okay.
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