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Society & Culture0 min ago
executor of will
if asked by someone to be one of two executors to their will and you agree, should you recieve confirmation from that person that you are an executor to their will and, also should their solicitor confirm that their will is held at their office because one has nothing in writing to say they are an executor or, at what solicitor's office the will is kept
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Many (possibly most) people don't find out that they've been named as the executor of a will until the testator dies. There's no requirement for the testator to tell anyone who he has named as executors.
When I was MD of a will-drafting company, one of the things I constantly stressed to clients was that it was essential for the testator to let other people know where his will was kept. He might choose to tell the executors, or the beneficiaries or someone else but it's essential to tell somebody. (I'm sure that thousands of wills are ignored, upon the death of testator, every year - simply because nobody even knows that a will exists, yet alone where it is).
Unless the solicitor is named as an executor, it's now unusual to leave a will with a solicitor. It would be better for the testator to keep it with his private papers or leave it with an executor. (Even if a solicitor is named as executor, I'd advise against leaving it with a one-man legal practice. Long before I worked in the will-drafting business, I had my will drawn up by a solicitor and left it with him. He's since retired and died, and nobody knows what's happened to the wills that were in his care. I've since revoked that will, so it doesn't matter to me but it might cause a lot of problems for other people).
Chris
(PS: Both of the executors of my will have unsealed copies of it, together with a written statement of where the original is kept)
When I was MD of a will-drafting company, one of the things I constantly stressed to clients was that it was essential for the testator to let other people know where his will was kept. He might choose to tell the executors, or the beneficiaries or someone else but it's essential to tell somebody. (I'm sure that thousands of wills are ignored, upon the death of testator, every year - simply because nobody even knows that a will exists, yet alone where it is).
Unless the solicitor is named as an executor, it's now unusual to leave a will with a solicitor. It would be better for the testator to keep it with his private papers or leave it with an executor. (Even if a solicitor is named as executor, I'd advise against leaving it with a one-man legal practice. Long before I worked in the will-drafting business, I had my will drawn up by a solicitor and left it with him. He's since retired and died, and nobody knows what's happened to the wills that were in his care. I've since revoked that will, so it doesn't matter to me but it might cause a lot of problems for other people).
Chris
(PS: Both of the executors of my will have unsealed copies of it, together with a written statement of where the original is kept)
I think Buenchico makes some important points. It still alarms me that there is no central registry for pre-death wills (well there is, but it is not really pushed by the Probate Registry and few people seem to know of its existence) and you really are in the hands of fate. I have had a number of cases where the solicitors' firm has closed or been taken over and the old will files disappeared into the ether. OK, if you have a copy its possible to prove it, but what a blinking clat that is. I've also had a couple of cases where the original will was "not found" on death and thus the estate passed on intestacy (my suspicion being the next of kin destroyed the wills in question so that they inherit under intestacy). If the originals were lodged with a central depository this would prevent all this. I still find it strange that in a world where everything is now regulated and nannied to the enth degree, this billion pound industry is largely unregulated and generally left to chance!!
Sorry Zebra - rant over.
Sorry Zebra - rant over.
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