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Problem with finding more than one executor for a will

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  • Mojisola
    Mojisola Posts: 35,559 Forumite
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    RnK136 said:
    After each other if we are pre-deceased, the beneficiaries will be nominated charities.
    The charities aren't residual beneficiaries in this case - they will only inherit if both spouses are deceased, in which case the alternative executor (solicitor?) will be handling the estate.

  • TBagpuss
    TBagpuss Posts: 11,205 Forumite
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    edited 15 July 2022 at 10:16AM
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    If the plan is to leaveeveything to each other, then for it to go to charity after the second death then the simplest is probably to name each other as executors and the chartiy which is to get the largest share as the substitue executor (i.e. they would not be invlved on the first death, but would if the appointment of your spouse fails becasue they died before or at the same time as you)

    A solicitor will be able to advise about the appropriate wording - I think it would be similar to when you appoint solicitors where you can say 'two of the partners as at the sate of my death of [name of firm] 
    alternatively you can appoint solicitors - it would be usual to get the solicitors to draw up the will - they will require that an appropriate cluase is included to allw them to charge for dealing with the administration, if you don't do that then it's likely that they will simply renounce 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • Choirgrl
    Choirgrl Posts: 162 Forumite
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    TBagpuss said:
    If the plan is to leaveeveything to each other, then for it to go to charity after the second death then the simplest is probably to name each other as executors and the chartiy which is to get the largest share as the substitue executor…
    A word of caution on this that not all Charities have the legal structure required to be able to be Executor. If you’re naming a major national charity they are more likely to be OK, a smaller one probably less so.
  • Stubod
    Stubod Posts: 2,201 Forumite
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    ...not wanting to hijack this thread, (..as we are in a similar position to the OP), but assuming our one and only executor passes away before us, who would then "manage the will"? ie would the solicitor automatically take over and apply a fee to the estate?...(which would not be a problem for us)...
    .."It's everybody's fault but mine...."
  • RnK136
    RnK136 Posts: 68 Forumite
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    Choirgrl said:
    TBagpuss said:
    If the plan is to leaveeveything to each other, then for it to go to charity after the second death then the simplest is probably to name each other as executors and the chartiy which is to get the largest share as the substitue executor…
    A word of caution on this that not all Charities have the legal structure required to be able to be Executor. If you’re naming a major national charity they are more likely to be OK, a smaller one probably less so.
     Indeed - yes, the charities are not big 'corporate' ones, but smaller ones. I don't think they would have legal structure for executor duties, no.
  • RnK136
    RnK136 Posts: 68 Forumite
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    edited 15 July 2022 at 1:20PM
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    Stubod said:
    ...not wanting to hijack this thread, (..as we are in a similar position to the OP), but assuming our one and only executor passes away before us, who would then "manage the will"? ie would the solicitor automatically take over and apply a fee to the estate?...(which would not be a problem for us)...
    Exactly, and something we are pondering too, so trying to make sure we are covering all eventualities as best we can, which is difficult. But yes, it would not bother me to have a solicitor just deal with it all.
  • Mojisola
    Mojisola Posts: 35,559 Forumite
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    Choirgrl said:
    A word of caution on this that not all Charities have the legal structure required to be able to be Executor. If you’re naming a major national charity they are more likely to be OK, a smaller one probably less so.
    A small charity could do what any lay executor could - appoint a solicitor to do the work of the executor.

  • Choirgrl
    Choirgrl Posts: 162 Forumite
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    Mojisola said:
    A small charity could do what any lay executor could - appoint a solicitor to do the work of the executor.

    It’s not just a question of having the capabilities (tbh most, if not all, of even the largest charities would appoint a solicitor to do the work rather than doing it in-house) it’s about having a legal structure that allows the charity as a corporate entity to take on the responsibilities of an Executor. If they don’t have tan appropriate structure then the would have to renounce the Executorship.
  • Mojisola
    Mojisola Posts: 35,559 Forumite
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    Choirgrl said:
    It’s not just a question of having the capabilities (tbh most, if not all, of even the largest charities would appoint a solicitor to do the work rather than doing it in-house) it’s about having a legal structure that allows the charity as a corporate entity to take on the responsibilities of an Executor. If they don’t have tan appropriate structure then the would have to renounce the Executorship.
    RnK136 could check that before writing the will or just appoint a solicitor now in case things change with the charity.
    It would also be worth having a clause saying what should happen if the named charity doesn't exist at the time of the second death.
  • RnK136
    RnK136 Posts: 68 Forumite
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    Mojisola said:
    Choirgrl said:
    It’s not just a question of having the capabilities (tbh most, if not all, of even the largest charities would appoint a solicitor to do the work rather than doing it in-house) it’s about having a legal structure that allows the charity as a corporate entity to take on the responsibilities of an Executor. If they don’t have tan appropriate structure then the would have to renounce the Executorship.
    RnK136 could check that before writing the will or just appoint a solicitor now in case things change with the charity.
    It would also be worth having a clause saying what should happen if the named charity doesn't exist at the time of the second death.
    @Mojisola yes had already thought we need to make provisions about one of the charities no longer operating when the time comes.
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