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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My wife and I are each arranging son to have joint

Resolved Question:

My wife and I are each arranging for our son to have joint lasting power of attorney for each of us (jointly with us each having lasting power of attorney for each other).
In our matching wills we have appointed each other as sole executors of our wills, and our son as executor on the second death.
Our question is: What if, on the first death, the survivor needs (or wants) our son's help to carry out the role of executor? Do we need to write a codicil appointing him as co-executor? Or is this something he would be empowered to do anyway by his powers of attorney? What disadvantages might there be in writing a codicil appointing him as co-executor?
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Your Son would not automatically be entitled to join in as a co-Executor, just because he had a Lasting Power of Attorney.

What you would therefore have to do is to prepare a codicil to each of your Wills, appointing him as an additional Executor on the first spouse's death. A Solicitor is likely to charge approximately £200 plus to prepare both codicils.

There is really no practical difficulties in having 2 Executors- it just means both the survivor and your Son would have to sign all the necessary paperwork, as opposed to merely the surviving spouse having to sign as would be the case as things stand now.

If you don't appoint your Son as a co-Executor, he could of course still assist the surviving spouse with the paperwork, but would not have any authority to speak to the Banks and any other institutions, as they would only discuss matters with the appointed Executor.

I hope this assists and clarifies the position to you.

Kind Regards

Al

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