Who are the Executors?

[JustAThought]

Do the Executors have to be named during the Administration period or is it ok for a solicitor to say they are representing "the Executors" and give no details?

[atticus]

What do you mean by "Administration period"? After Probate has been granted, wills are public documents, and you can find out the identity of executors.

NB, you may always ask the solicitors who the executors are.

[JustAThought]

Oh l probably misunderstood there is an administration period before Probate. So should the Executors names be known?

[PallasAthena]

The administration period starts from date of death

https://www.gov.uk/hmrc-internal-man...20the%20estate.

Before Probate is granted the Will, including the names of the executors, is a private document and does not have to be disclosed to beneficiaries. Executors named in a Will do not have to take up the role and can renounce it.

[JustAThought]

Follow up if any one can help please. The Will Writer (solicitors), in order to reply to a Larke v Nugus have said they need to get permission from the Executors (solicitor)... Two different firms of solicitors involved but clearly some background knowledge of each other in the deceased case.

Does any party have such tight control (law or other) over Larke v Nugus responses by the Will writer?

[Tofros]

The will writer’s duty of client confidentiality continues after the death of the client, hence permissssion of the personal representatives is needed. Once permission is given, I don’t think the executor can control the content of the response by the will writer.

[JustAThought]

Thank you... It does seem circular... If under Larke v Nugus the Executors didn't play ball in the first place...

[Tofros]

If the executors refuse, there are procedures available to apply to court for directions to force the disclosures. If the executors are solicitors, they have a duty to avoid unnecessary litigation and risk being made liable for the costs of litigation if they have not met that duty, so they have an incentive to give permission.