Substitute Executors

[AdamSf]

Hi all,

I am named as executor on a relatives will along with a solictor who worked at the firm where the will was drawn up.

I was previously Power of Attorney of this relative and had organised relatives health requirements (dementia) and finances etc so felt fully capable of organising IHT etc and therefore asked this solicitor to renounce ( which they agreed on certain conditions). They were not unwilling or unable to perform executor duties.

The PA17 has ben sent to Probate who are now requesting partners in the firm also provide a PA17 ?

Is this normal practice ?

Thanks in advance if anybody can throw light on this ?

[atticus]

The terms of the appointment in the will may make this necessary. Did the will just appoint one named individual, or is there more to it, such as a reference to other partners in the firm of XYZ & Co?

[AdamSf]

The terms of the appointment in the will may make this necessary. Did the will just appoint one named individual, or is there more to it, such as a reference to other partners in the firm of XYZ & Co?

Hi Atticus thanks for the reply.

The will states that if the solicitor (executor) shall predecease me or shall be unable or unwilling to act then I appoint the members at the date of my death of XYZ aforesaid or the members of the body or the partners in the firm which at that date have succeeded to and caried on its practice to be the executors and trustees of this my will in his place and i express the wish that only one of the said members or partners shal prove this my will.

I can grasp the need for subsitutes but in this instance I asked the solicitor to renounce which they agreed on certain conditions being met. There is no suggestion at all that they were unwilling or incapable.

There are 3 executors overall ( two relatives including me ) and the solicitor.

[atticus]

As I thought. This part explains it:

The will states that if the solicitor (executor) shall predecease me or shall be unable or unwilling to act then I appoint the members at the date of my death of XYZ aforesaid...

This solicitor is unwilling, so the appointment goes to his partners. They need to renounce.

[AdamSf]

As I thought. This part explains it:
This solicitor is unwilling, so the appointment goes to his partners. They need to renounce.

Thanks, appreciate your guidance.
I got confused because there was no suggestion that the third executor was unwilling or incapable in fact we asked him to renounce. They said yes I will renounce but you need to fulfil certain conditions first ie advise all legatees named in the will and provide proof you have done so.

[atticus]

Renunciation indicates unwillingness.

[AdamSf]

Renunciation indicates unwillingness.

I understand. Thanks again Atticus you've put mind at ease.

[Blue123]

Hi Adam is the person you are executor for alive still? I have something similar going on trying to get somone removed as a substitute and also a beneficiary ( whom has verballly agreed) but forms seem to be for those that have passed away already -