Co-executors of mother's will

TrickyDicky101

My mother's will lists me and my father as co-executors but my father passed over 8 years ago and in this circumstance the will provides for two additional individuals to also become executors (call them A and B). One of these (A) passed away themselves over 10 years ago, the other (B) I have no current contact details for and last saw them 8 years ago. I am the sole beneficiary of the will.

The solicitor firm holding the original of my mother's will won't release it to me without the other executors being present. For A they will accept a death certificate (so I've ordered one of those) but for B I don't know what to do.

If I am unable to track down B what can I do? I've posed this question to the solicitor firm and they said they will come back with a response in a few days.

I am not the client of the solicitor firm and nor do I want to be. Probate will be required but the estate is straightforward (principally cash and no property).

Grumpy_chap

Ask the Solicitor to contact the other Executor at last known address and with a caveat that if the individual fails to respond timely, then they'll release the Will to you.

TrickyDicky101

If they accept that, that would be a useful option - thank you.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82124382#Comment_82124382

You could certainly try that approach, but if they did release the will ( doubtful), you still have the continuing problem of trying to prove a will with a missing executor whose status cannot be accounted for.

Note the following extract below -

'' What happens if I cannot find any information about the Executor?

If, following your search, you have not been able to establish any information regarding the Executor named in the Will, then it is important that the Estate is not simply left un-administered. If you find yourself in this situation, then you will need to make an application to the Court under Section 116 of the Senior Courts Act 1981. Such an application will pass over an Executor and the Court will need to consider whether it is necessary to pass over the appointed Executor. If there is any dispute then it may be necessary to appoint an Independent Administrator to administer the Estate. ''

See below the article in full -

https://www.thorntonjones.co.uk/blog/what-happens-if-the-executor-of-a-will-cannot-be-found/

TrickyDicky101

https://forums.moneysavingexpert.com/discussion/comment/82124455#Comment_82124455

Well, if there's something I have learned from this so far it is that I should make sure my own will is kept up to date so that my kids don't experience similar difficulties when my time comes!

Cairnpapple

What have you tried so far in contacting B? A tracing agent may be able to find the missing person quite straightforwardly. Or if you happen to know a librarian or genealogist (amateur or pro) they may be able to help. My librarian sister was terrifyingly good at finding information when I had funeral flowers and cards misdelivered to my address and wanted to find the intended recipient.

Reed_Richards

Last year I was contacted by an Heir Hunter in connection with a relative (a cousin of my mother) who died intestate. I have no idea how they traced me to my current address but it makes me think that a professional like a Tracing Agent might provide the address you are seeking.

gwynlas

Eight years isn't that long, you could try contacting them at their last known address if within visiting distance or by asking neighbours what happened to Mr X?

Cairnpapple

https://forums.moneysavingexpert.com/discussion/comment/82125432#Comment_82125432

Yes we bought our house 7 years ago but we and our neighbours would have no difficulty in contacting the previous owners

Ms_Chocaholic

Do you know where they lived eight years ago? If so post on local FB groups, someone will know them.

TrickyDicky101

Short update: there was no issue getting hold of executor B in the end (they check Facebook a lot more frequently than I do and still live in the area) and then getting the will was straightforward too.

It has definitely made me realise my wife and I need to revise our wills to avoid similar issues should anything happen to us. A will made when our children were young isn't really appropriate now they are older and can exercise executor duties themselves. I won't be holding our wills at a solicitors going forwards, however.