No executors named in will?

pemay

Hi - first post - apologies up front for any errors!
My wife's brother died recently leaving a will written some years ago when his own wife was alive (she has since died). My wife has now been left everything as the only surviving relative/next of kin. I have just seen a copy of the will and my wife is named (along with the solicitor who wrote the will) as "Trustees". There is no mention of the word "executor". The will stated that if my wife's brother died first his wife would be allowed to remain in the house until her death, at which point it and all possessions/monies would pass over to my wife.  Before engaging with the solicitor tomorrow I am wondering if my wife can apply for Grant of Probate using PA1P or whether she would now have to apply for Letters of Administration? We are keen to do the necessary ourselves if possible (having looked at the solicitor's  charges!!). I have previously completed  PA1P etc successfully and thought it was reasonably straightforward. Am keen to know what the actual process is if it isnt via the PA1P and wondered why the solicitor would make no mention of "Executors" . Though I will ask him myself tomorrow! Any advice/thoughts much appreciated. Thanks in advance. 

Marcon

pemay said:

Hi - first post - apologies up front for any errors!
My wife's brother died recently leaving a will written some years ago when his own wife was alive (she has since died). My wife has now been left everything as the only surviving relative/next of kin. I have just seen a copy of the will and my wife is named (along with the solicitor who wrote the will) as "Trustees". There is no mention of the word "executor". The will stated that if my wife's brother died first his wife would be allowed to remain in the house until her death, at which point it and all possessions/monies would pass over to my wife.  Before engaging with the solicitor tomorrow I am wondering if my wife can apply for Grant of Probate using PA1P or whether she would now have to apply for Letters of Administration? 

She needs to apply for Letters of Administration.

pemay said:

Am keen to know what the actual process is if it isnt via the PA1P and wondered why the solicitor would make no mention of "Executors" . Though I will ask him myself tomorrow! Any advice/thoughts much appreciated. Thanks in advance. 

That is a very good question...do please post the answer! Possible that your brother in law gave very unusual instructions - something which can never be ruled out until you've checked.

pemay

Hi, many thanks for the response. Happy to advise of the outcome. Not sure my B-i-L gave any instructions at all - he was quite old when sorting the will and we feel he simply went along with what the solicitor advised! Thanks again. 

p00hsticks

pemay said:

Hi, many thanks for the response. Happy to advise of the outcome. Not sure my B-i-L gave any instructions at all - he was quite old when sorting the will and we feel he simply went along with what the solicitor advised! Thanks again. 

I'd have expected the solicitor to have a standard template for the wording of that bit of the will though, that the names just needed to be slotted into.

pemay

Thank you for the response. It was indeed the shortest will I have ever seen but amazed no mention of executors! 

shiraz99

Also be aware that if trustees have been named and there's a right to occupy then that points to a life interest trust being formed and as such your late BIL and his late wife would have been tenants in common. Something to bear in mind when valuing the estate for probate.

getmore4less

Who administered the brothers wife estate when she died?

edit : the "Why" to "who" so it makes sense)

JJWSJS8700

Why was his wife only allowed to live in the house until death, was it not her property also, to do as she wished?

Flugelhorn

JJWSJS8700 said:

Why was his wife only allowed to live in the house until death, was it not her property also, to do as she wished?

perhaps he owned the property before marriage, perhaps he inherited from family and wanted it to stay in his family, perhaps his wife had no-one she would want to leave it to in her family 

pemay

 Flugelhorn said:

JJWSJS8700 said:

Why was his wife only allowed to live in the house until death, was it not her property also, to do as she wished?

perhaps he owned the property before marriage, perhaps he inherited from family and wanted it to stay in his family, perhaps his wife had no-one she would want to leave it to in her family 

The property was purchased about 65 years ago and was in the sole name of my brother in law - even though he was married at that point - no idea why! I think this is what has lead to the trust issue in the event of my Bin L passing before his wife. He didnt want the house on his death to pass to her to then be inherited by her family when she died. Instead he wanted her to remain living there until her death and the house to then be inherited by his sister (my wife) 

shiraz99

JJWSJS8700 said:

Why was his wife only allowed to live in the house until death, was it not her property also, to do as she wished?

Read my post above. This sort of stipulation in a will is quite common and allows a share of the property (usually half) to be set aside so that the other half can't be used for care costs etc. In order though for this to happen the couple must sever their joint tenancy and become Tenants in Common.