Codicil wording query?

Flamingofly

My late father changed one the executors on his will shortly before his death. The executor was also a trustee.On reading the codicil,it only states that the person has been removed and replaced with a new person as exector,but no wording to state he is no longer a trustee. The will writer has been contacted and he says that it means both roles have been removed. Is there any means of written proof I need to see from him to prove this change before preceeding with proceedings ? I have witnessed the actual will and codicil.

poseidon1

Unless there is a continuing and ongoing trust that emerges when the estate administration is completed, it should not matter that the codicil was silent with regard to a replacement executor also assuming trusteeship.

However, if there is a continuing trust of some description ( IPDI, discretionary, etc), then it does become important to determine what the codicil had intended to do since there is a strict separation between duties of executors and those of trustees and one can be appointed in one capacity without automatically assuming the other.

If a continuing trust is in point, please provide the complete (redacted) wording of the codicil to try and determine what may have been intended by the deceased.

Incidentally, you refer to a 'will writer' conducting this excercise rather than a solicitor. Will writing firms are not lawyers and regularly make serious errors of law in the conduct of their unregulated activities. So is this 'will writer' legally qualified or not?

Flamingofly

Thank you for your reply. The codicil text as follows- 'I wish to remove the executor [name] and replace him with [name]. In all other respects I confirm my said will. '

Also,the will writer seems to be just that. M.S.W.W.(F inst PA) listed after his name. It is a delicate situation at this point and would like any advice on how to definitely find out whether my partner remains as a trustee before the other executors proceed.

p00hsticks

I have witnessed the actual will and codicil

Do you mean you've had sight of the documents or that you were an actual witness to the signatures when the documents were signed….

(Hopefully the former if you were also named as a beneficiary as I beleive the latter would have the effect of disinheriting you)

Flamingofly

Also,I believe it is a IPDI ,as the will refers to property in trust for 3 children and w8fe able to reside at property

Emmia

To confirm - is the writer of the will a fully qualified solicitor or an unqualified "will writer"?

Did you witness the will /codicil being signed

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82063921#Comment_82063921

Ok, not ideal that this was an unqualified para legal will writer's effort rather than a qualified solicitor , but what may save this codicil and impute the additional trusteeship function in favour of the named replacement executor, is the wording - ' In all other respects I confirm my said will '

As I say less than ideal, but should suffice for the replacement executor to go forward as co trustee.

If the executor/ trustees are progressing this matter on a DIY basis, without further assistance from the Will writer (probably wise to keep them out of the loop), remember that the trust will need to be registered on HMRC's trust register per link below.

https://www.gov.uk/guidance/check-if-you-need-to-register-a-trust

Furthermore, ideally for the protection of the trust remaindermen ( the children ) the trustees should be registering as co legal owners of the property on the Land Registry together with a Form A Restriction on title.

Hopefully, despite the will being the product of an unregulated will writing firm, it hopefully has at least the bare minimum of operative trustee powers together with express life interest beneficiary obligations ( eg to insure and maintain the property) , that one would expect of a properly structured IPDI trust.

Specifically I would expect this trust to terminate on death of the life interest beneficary, with no purported continuing trust for the children. Hopefully you can confirm this is the case.