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Wills - Executor (lack of)

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  • Wills - Executor (lack of)

    Hi.
    Say there is a will, made 20+ years ago, all official with a Solicitor, but the Solicitor has ceased to practice, sent the wills back. And the Solicitor was the ONLY executor on the Wills.

    The wills in question, are back-to-back wills. Very simple. Basically leaving all property and possessions, etc. There is only one beneficiary on either will (back-to-back)

    So my question is; what are now the implications, of technically having no executor to execute the wills?
    The sole beneficiary won't be able to handle the executions required.
    Do these ‘old' Wills hold any ‘weight/water/legality?

    Is it advisable (strongly?) to get new Wills done, with more than one Executor and not a Solicitor to do such role too?

    Many thanks for your time and help.

    SB
    Tags: executors, wills

  • #2
    So Mirror wills, is there nothing in them about what happens if, say, both beneficiaries passed at the same time, shortly after one another etc?

    If it is possible, and with the executor issue potentially causing a problem too, I think it would be wise to get new wills sorted out. It would normally fall to the largest beneficiary to become executor - and it sounds like that isn't going to be appropriate.

    But yes those wills, unless there are other validity issues with them, will be the ones relied on in executing the estate.
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    • #3
      Amethyst Hi. Thanks so much for your reply. Much appreciated.

      On the quick scan read I had, I don't recall anything mentioned should they both pass in a similar time to each other.

      My concern is there having no executor to either of the wills. Because the Solicitor has ceased to practice. And they were returned and not passed on.

      Both are elderly, so either of them becoming, by default, executors as they are each other's only beneficiaries, just isn't going to happen.

      Thanks again, I thought new Wills was the best option really.

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