I express the WISH........

Dadbunny

My wife and I had both our Wills drawn up by the same solicitor in 2009.
In the Will is the sentence "I express the WISH that my Trustees engage XYZ Solicitors to act for them in the administration of my estate"

We have recently stopped using XYZ Solicitors and have now moved to a new solicitor..Our Wills are now held by the new solicitor for storage.

We don't want XYZ Solicitors to administer our will when the time comes.
Do we need to make a new will to remove the sentence (no other changes are needed) or can we just leave it as it is and hope our Trustees can safely ignore it and choose their own solicitor?

Jenniefour

Dadbunny wrote: »

My wife and I had both our Wills drawn up by the same solicitor in 2009.
In the Will is the sentence "I express the WISH that my Trustees engage XYZ Solicitors to act for them in the administration of my estate"

We have recently stopped using XYZ Solicitors and have now moved to a new solicitor..Our Wills are now held by the new solicitor for storage.

We don't want XYZ Solicitors to administer our will when the time comes.
Do we need to make a new will to remove the sentence (no other changes are needed) or can we just leave it as it is and hope our Trustees can safely ignore it and choose their own solicitor?

Don't leave it. Whoever is named as executors absolutely can't be ignored, they're legally responsible for distributing the estate, paying off debts etc. and the job can't be done without them. There is absolutely no need at all to appoint solicitors as executors in any event. Unless there's a very good reason for doing so. Executors always have the choice anyway of using solicitors, if they wish.

Ask your new solicitor to have a quick look and advise whether to write a new will or add a codicil. And think about who you might like to ask to be executors. If you prefer a solicitor as executor, fine, but you need to be aware of how much that will cost, or have some idea. It's normally a percentage of the estate.

securityguy

Jenniefour wrote: »

Don't leave it. Whoever is named as executors absolutely can't be ignored, they're legally responsible for distributing the estate, paying off debts etc. and the job can't be done without them. There is absolutely no need at all to appoint solicitors as executors in any event. Unless there's a very good reason for doing so. Executors always have the choice anyway of using solicitors, if they wish.

Ask your new solicitor to have a quick look and advise whether to write a new will or add a codicil. And think about who you might like to ask to be executors. If you prefer a solicitor as executor, fine, but you need to be aware of how much that will cost, or have some idea. It's normally a percentage of the estate.

All of that is true, but it isn't the question the OP is asking. The form of words quoted merely expresses the wish that if the executors appoint solicitors, then the testator has preferences. It does not appoint executors, who are presumably nominated elsewhere in the will.

For tidiness it could be cleared up, but it isn't the appointment of executors and is not enforceable.

Jenniefour

Ah - yes, got it now. Thanks for the clarification.