Further query Re: Old Will

Robin9

CraftyCavalier wrote: »

Thank you. Do you think it would be in order to detail what has happened in an email to them first and see what they say about withdrawing as Executors ? (I know - I’m trying to wimp out of going to see them - but their office is a pain to get to).

My Dad has said he will make a Will. We have been recommended a local Solicitor, so we both plan to go there.

Just write a letter - solicitors like things in writing - to them and send it via snail mail. Give the history and ask them to renounce their role.

CraftyCavalier

Robin9 wrote: »

Just write a letter - solicitors like things in writing - to them and send it via snail mail. Give the history and ask them to renounce their role.

Thank you Robin9. Presumably I will need to enclose a copy of the Will. The one I have is old and faded, but I could try copying it. Just wondering if that will suffice as a starting point. Don’t want to look like a complete novice (even though I am !!).

Robin9

A copy however will be fine - if it shows the date and name all the better.

Solicitor's don't bite !

Yorkshireman99

CraftyCavalier wrote: »

Thank you. Do you think it would be in order to detail what has happened in an email to them first and see what they say about withdrawing as Executors ? (I know - I’m trying to wimp out of going to see them - but their office is a pain to get to).

My Dad has said he will make a Will. We have been recommended a local Solicitor, so we both plan to go there.

Sorry to be blunt but you will at some point have to visit so the soner you do it the better. A visit will get things done cheaper and easier. Solicitor charge for each email, letter and phone call as well as visits so just get on with it!

CraftyCavalier

Yorkshireman99 wrote: »

Sorry to be blunt but you will at some point have to visit so the soner you do it the better. A visit will get things done cheaper and easier. Solicitor charge for each email, letter and phone call as well as visits so just get on with it!

No need to apologise. My Mum was always the first person I turned to for advice, and at the moment I just feel as if I’m floundering so I need a shove in the right direction.

Yorkshireman99

CraftyCavalier wrote: »

No need to apologise. My Mum was always the first person I turned to for advice, and at the moment I just feel as if I’m floundering so I need a shove in the right direction.

We specialise in being blunt in Yorkshire but age has mellowed me! Good luck. Please feel free to ask if you need any more help.

AnotherJoe

An open question / thought here.


If the will says "Mr X" shall be executor and Mr X has died, why should that instruction be transferred to another person, let alone an unnamed person at a different company ?


Its one thing if it says "Acme Solicitors Ltd will be executors", but if it names a specific person and that person has died, does that request not fail in the same way as if you left £500 to Uncle Bert and he's long gone??

Yorkshireman99

AnotherJoe wrote: »

An open question / thought here.


If the will says "Mr X" shall be executor and Mr X has died, why should that instruction be transferred to another person, let alone an unnamed person at a different company ?


Its one thing if it says "Acme Solicitors Ltd will be executors", but if it names a specific person and that person has died, does that request not fail in the same way as if you left £500 to Uncle Bert and he's long gone??

An interesting point. From past experience the way the successor firm are dealing with it is the norm. However I don.t know if there are set rules or what they might be. From a purely pragmatic point of view it seems quite reasonable. I can.t see any reason why it should not be done but I am open to reason persuasion.

TBagpuss

It depends on the wording of the will. I think with modern wills it's normal to appoint (say) two of the partners of[firm] so that it appoints whoever is a partner in the firm at the time the testator dies. However, if it explicitly names 'Mr X' then it would not automatically pass to the new firm, although you may need to get proof that Mr X died before your Mum did.