C1 Form excecutors

fob1969

I am filling out a c1 form and it has been returned . My dads will stated my mum was first executor but predeceased my dad . In the will i am next in whom failing but there are also second 2 solictors in the c1 form i named all executors in question 10 including my mum and solciitors who will not be acting and in question 2 i included my mum had predeceased my dad but i need help to find out who i should include and do i need to put in second executors and my mum in question 10 . Also i have out as an excepted estate but below threshold and ticked yes for 21 and 22 and there is a reference to inheritance tax do i put no in question 22

buddy9

Only acting executors are listed in box 10 page1.

Unclear whether you mean one or two solicitors are listed.

If there is a solicitor company listed along with you as a ‘whom failing’ co-executor and still in business and they will not be acting, you need to obtain their written declinature.

Page 2 para 2 would then look something like below. (This assumes that there are no name or address differences in the will that need referenced, and that you have the original will):

That I am 

the [son/daughter] and executor-nominate of the deceased conform to his will dated the [       ] of [                    ]. [Solicitor name as in will] is also nominated executor but has declined the appointment conform to [letter/minute of declinature] dated the [        ] of [   ]. [Mum’s name as in the will] the wife of the deceased who was nominated executor primo loco in said will, predeceased the deceased. Said will and said [letter/minute of declinature] are herewith produced, docquetted and signed as relative hereto.

Q22 needs to be ticked against NO.

You might wish to post a redacted copy of the amended C1 if you would like comments.

fob1969

hi there , thankyou for replying my mum was named first who passed away then whom failing it was me first then second 2 solicitors on will so they will not be acting as i will be executor but do i need to get them to resign they are no co executors as i was named next on will

buddy9

It depends on the wording in the will. You are a 'whom failing' substitute for Mum. Are the solicitors 'whom failing' substitutes for you?

fob1969

The will says

One i apppoint as my exectuors (first) mums name then whom failing myself and (second ) the two solicitors with their addresses and says (hereinafter referred to as my executors) Hope this helps as i put all the executors names in 10 so i know it will only be my name but i dont know if i will need to get them to resign

buddy9

https://forums.moneysavingexpert.com/discussion/comment/81928261#Comment_81928261

I take it that the reference to solicitors is a reference by name to two separate solicitors. It looks like the solicitors are co-executors with you.

If you want to be the sole executor you might need to obtain their declinature (not resignation). 

There is an alternative that depends on whether they are still practicing solicitors and depends on the exact will wording. It would be helpful if you could post a photo of the exact wording with names redacted.

Are the solicitor’s addresses their home address?

Do you know whether the solicitors are still practicing?

Is this a McClures will?

fob1969

This is a McClures will Yes and the address is the office where they used to work before the collapse of it or takeover and yes it is two solicitors . One of them it said retired in October 2021 but still holds a certificate this was dated 2024. The other one all i have is they resigned from a company ion 2023 .

This is the wording of the will exactly i have removed names and addressess

I XXXXXXXXXX in order to settle the succession to my estate on my death provide as follows:-
ONE I appoint as my executors (FIRST) my spouse XXXXXX whom failing my daughter XXXXXXXXXXX and (SECOND) XXXXXXXXX, Solicitor, whom failing XXXXXXX , Solicitor, XXXXXXXXXXXXXXXX(hereinafter referred to as

"my executors")

TWO I direct my executors to give effect to any writings by me however informal they may be provided they are signed by me, dated after the date hereof and clearly expressive of my intention as to which my executors shall be the sole judges. Any bequests so made shall be free of interest, delivery expenses and government taxes payable on my death unless otherwise stipulated

buddy9

Given the involvement of McClures - is there trust property involved?