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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6915
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I am named one of two executors in a will of a friend

Customer Question

Hello
I am named one of two executors in a will of a friend who has recently passed away. His brother has taken all of the deceaseds paperwork and started to inform the relevant bodies. I have the original will and all of the estate has been stated to go to my daughter who is currently 16 years old. The estate will need a grant of probate registration. As I am not related to our friend the brother has declared next of kin to obtain death certificates and commence with the estate. The family are also saying that they do not have a copy of any will left by their brother, although they have verbally confirmed his wishes were to leave the estate to my daughter. To protect and follow through the wishes can you please advise of how i gain control over this matter. Many thanks in advance.
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.
If you have not done so already you need to write to the brother enclosing a copy of the Will. I would either get a solicitor to write the letter or to certify the copy as a copy of the original Will. State that you require what estate papers he has to be passed to you within a certain period , say, 7 days or you will place a caveat on the estate which will prevent distribution.At the same time I would simply apply for the Grant of Probate at the Probate Registry this will formally appoint you Executor as per the terms of the Will and make you the only person authorised to deal with the estate.I hope this helps. If there are any further points please reply .Best wishesMichael
Customer: replied 1 year ago.
Hi Thanks for the reply. Can you please advise on the part where their are two executors. Do both need to apply can one do without the other? The estate will be going to a 16 year old?
Expert:  Michael Holly replied 1 year ago.
You will need both named executors to take up the grant. Where the estate has been left on trust , as here to a minor, the executors will also operate as the trustees of that trust until your daughter reaches majority or the terms of the Will permit the trustees to pass the funds to her. You need 2 trustees to operate the trustBest wishesMichael