What does this mean exactly?(Will)

missymiss1010

Some advice please.
My fathers will states

a) I appoint my wife(name)to be my Executor and Trustee but if she is unable or unwilling to act or dies before proving my will I make the following appointment instead 

b) I appoint my son(name)and my daughter (name)as my substitute Executors and Trustees 

Does this mean that if wife is unable to physically manage the executor role (due to age/infirmity but is  compos mentis) does she have to formally stand aside for son and daughter take on the role? Or can son and daughter do the actual executor work and she signs all the documents?(are all docs signed at home or is travel likely as unable to do this)
If she chooses to stand aside is there a formal doc to sign and where does one obtain this?

(wife is sole beneficiary if that makes any difference)

We have contacted the solicitors who held the will to ask this but they haven’t responded to that query.

Thanks in advance.

getmore4less

It might be that probate is not required depending on the assets held solely by your father.
(a lot still think probate is needed for dealing with property that was held in joint names)


Everything can be done from home and the proposal to do the leg work and have mum do the signing can work 

I would probably consider the "unwilling" and obtain the grant in your names(or just one of you if you don't live close with power reserved for the other) to make everything easier.

Also avoids the complications should mum pass while dealing with the estate, if there named executors on her will then executor chain  is formed which can simplify a bit.

To stand aside she renounces.

The forms needed are 
https://www.gov.uk/government/collections/probate-forms
The main form is PA1P

Then there are the IHT forms, there were changes this year Jan 1st  so these are not always needed now.

With  the assumption that the common situation of mirror wills and your mums will has similar  clauses you will be administering an estate at some point so can think of this as a practice run  while someone with the knowledge of the assets is able to help.

In practice all to spouse can be relatively easy but second death less so but is familiar with the process it can be a lot easier. 

missymiss1010

Thanks for your reply getmore4less,I’m still a bit confused though.

Ive looked at forms PA1P as we do need probate,but still unsure who to put on as first name, does it have to be mother as the Will stated her name first ?

Or can my brother and myself apply and put reason c for executors not applying but with power reserved for mum (in which case do we have to have something signed by her in presence of a witness,or is that just for poa(will) (I think I read that somewhere)?

Thanks for your help,it’s a bit like wading through treacle at the moment.

getmore4less

Look at the rest of the forms there is one for standing down/resigning

I don't think reserve is appropriate as there are 2 clauses and 2 can't be in place unless 1 is satisfied.