Executors and Trustees

SeniorSam

With the population living longer these days and the possibility of dementure and other illnesses that would prevent executors and trustees from fulfilling their obligations where appointed, would it not be prudent to incorporate suitable wording that would automatically exclude them from 'office' should such illness strike them? In such cases it may require the appointment of another executor or Trustee by the settlor's, or by remaining executors or trustees. If a wording for this has already been established, it would be helpful to know of it.

Marcon

SeniorSam said:

With the population living longer these days and the possibility of dementure and other illnesses that would prevent executors and trustees from fulfilling their obligations where appointed, would it not be prudent to incorporate suitable wording that would automatically exclude them from 'office' should such illness strike them? In such cases it may require the appointment of another executor or Trustee by the settlor's, or by remaining executors or trustees. If a wording for this has already been established, it would be helpful to know of it.

The idea is entirely sensible, but in practice probably impossible to administer. Who is going to judge the point at which the executor or trustee becomes incapable and should be automatically excluded - before or after they've started to perform their role?

Beneficiaries can apply to have an executor removed if they can show he/she is mentally or physically incapable of carrying out the role. 

You can always add a wording in your will to provide for an alternative executor should your preferred nominee(s) be unable to act.

Keep_pedalling

For older people making a will, wherever possible you should be appointing executors from a younger generation.

SeniorSam

MACKEM99  you could request a copy of the Will from the Probate office, which would show the information you need.

If I may add, it's always best to start a new question yourself rather than add to another question as it can get confusing

SeniorSam

Marcon said:

SeniorSam said:

With the population living longer these days and the possibility of dementure and other illnesses that would prevent executors and trustees from fulfilling their obligations where appointed, would it not be prudent to incorporate suitable wording that would automatically exclude them from 'office' should such illness strike them? In such cases it may require the appointment of another executor or Trustee by the settlor's, or by remaining executors or trustees. If a wording for this has already been established, it would be helpful to know of it.

The idea is entirely sensible, but in practice probably impossible to administer. Who is going to judge the point at which the executor or trustee becomes incapable and should be automatically excluded - before or after they've started to perform their role?

Beneficiaries can apply to have an executor removed if they can show he/she is mentally or physically incapable of carrying out the role. 

You can always add a wording in your will to provide for an alternative executor should your preferred nominee(s) be unable to act.

Just a further thank you Marcon. We have since added a Codicil to our Wills covering this aspect and giving Trustees suitable authority to meet such problems.

getmore4less

MACKEM99 said:

SeniorSam said:

MACKEM99  you could request a copy of the Will from the Probate office, which would show the information you need.

If I may add, it's always best to start a new question yourself rather than add to another question as it can get confusing

I have a copy of his will I does not say who the trustees are.

Default are the executors.

Thrugelmir

MACKEM99 said:

Thanks for that - they are the solicitors who keep ignoring my letters - even the one I sent recorded.

If you've questions please start your own thread.