Problem with finding more than one executor for a will 14 July 2022 at 3:15PM in Deaths, funerals & probate 23 replies 967 views

Choirgrl

RnK136 said:

Mojisola said:

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.

In case it’s useful information (now or for any future readers of this thread):

• As long as the registered charity number is included  with the charity’s details in the Will then then the charity will be traceable, even if it has changed it’s name or merged to become part of another organisation.
• If the charity no longer exists at all, the ‘cy-près doctrine’ allows the Executor to direct the gift to another charity as close as possible to the work of the charity in the Will. If you’d be happy for that to happen, there’s less need to be specific about what should happen if one of the named charities no longer exists, but if you wouldn’t want that to happen then definitely be specific about what should be done instead.
• If you’re leaving a legacy to an organisation which has both a national body and local branches, it’s incredibly helpful if you’re specific about whether you want the gift to go to the local branch or to the national organisation. Sometimes the charity number makes this clear, but not always, and it will save the charity trouble working out which bit should get it ( I speak from multiple experiences) as well as making sure that your gift goes where you had intended it to go.

RnK136

Choirgrl said:

RnK136 said:

Mojisola said:

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.

In case it’s useful information (now or for any future readers of this thread):

• As long as the registered charity number is included  with the charity’s details in the Will then then the charity will be traceable, even if it has changed it’s name or merged to become part of another organisation.
• If the charity no longer exists at all, the ‘cy-près doctrine’ allows the Executor to direct the gift to another charity as close as possible to the work of the charity in the Will. If you’d be happy for that to happen, there’s less need to be specific about what should happen if one of the named charities no longer exists, but if you wouldn’t want that to happen then definitely be specific about what should be done instead.
• If you’re leaving a legacy to an organisation which has both a national body and local branches, it’s incredibly helpful if you’re specific about whether you want the gift to go to the local branch or to the national organisation. Sometimes the charity number makes this clear, but not always, and it will save the charity trouble working out which bit should get it ( I speak from multiple experiences) as well as making sure that your gift goes where you had intended it to go.

@Choirgrl excellent advice, much appreciated.

TBagpuss

Choirgrl said:

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.

It would be sensible to speak to the charity in advance - sometimes it can be simply to state that (for instnace) two of the officersof the charity at the time of death are appointed, or something of that nature. But if they are small and youdon't think they would b able to do it then appoint solicitors.