If a will has one Executor who is also the Trustee and if two additional Executors were to be added,is it necessary also to make them Trustees.Does it add complications if the additional Executors are not made Trustees?....presume either option can be done as a codicil?

Hi.

What is the existing executor a trustee of please?

And does this have anything to do with your recent IHT thread?

HB

I don't know the formal legal answer to this but I noticed that Wills drawn up for my wife and I and for my parents, all by different solicitors, always used the expression that X was appointed Executor and Trustee. The best explanation of the difference I found online was this one

https://www.co-oplegalservices.co.uk/media-centre/articles-sep-dec-2017/what-is-a-will-trustee/

The conclusion I draw is that a Will can appoint different people as Executor and as Trustee but solicitors have standard forms of words that they use as a default that just say X is Executor and Trustee. What's more none of the Wills in my family created any express Trusts so I'm not sure why any Trustees were needed, but solicitors put them in anyway. Sorry not really answering your question. If I was adding additional executors by codicil I'd use the same form of words as the original and make them Executor and Trustee. But I don't have special knowledge about this so suggest consulting a solicitor, especially if an actual Trust is being created. Trust law is horribly complicated, amateurs dabble at their peril.

This site says you can add/change an Executor by a Codicil.

https://www.moneyadviceservice.org.uk/en/articles/changing-your-will

Hi.

 

What is the existing executor a trustee of please?

 

And does this have anything to do with your recent IHT thread?

 

HB

As mentioned in another message ,...Solicitors have legal wording whereby Executor is also Trustee.

Until such time as the estate has been fully distributed by the executors, everything is held in trust by default. To appoint someone as both an executor and trustee is little more than semantics as it is very difficult to separate the two rolls. However, the will may specify that an asset is to be held in trust (often for a minor), and a trustee is specifically appointed for the task and provided with instructions pertaining to the asset.

. Nothing to do with IHT!.....The Will has conditions...held in trust.....hence a Will Trust..

 

As mentioned in another message ,...Solicitors have legal wording whereby Executor is also Trustee.

Then I agree with Ethel that qualified legal advice is the way forward, especially as you seem reluctant to give us much detail. As soon as Trusts are mentioned, even a will trust, I worry about what could go wrong if things aren't set up properly.

HB

If a Will has three executors/trustees and one of the dies,is it necessary to write another will?

Hi.

Is this connected with your IHT and will trust threads please? People have tried to help you previously but the threads just seem to peter out with no conclusion.

HB

No,...I am about to increase the number of executors/trustees in Will from one to three,but wondered if I should cover the possibly of during the life of the Will,the three were reduced to two!...Would the Will still be valid?,or invalid since there would now be only two surviving executors/trustees.

you put a clause in ..std practice

you put a clause in ..std practice

The solicitor drawing up the will should give the proper advice and ensure such eventualities are catered for. OP: You are using a qualified solicitor rather than one of these cheap will writing outfits...?

If don't want to ask your solicitor you could do your own research online as easily as anyone here, this one for example

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/how-does-probate-work-if-the-executor-has-died/

Thank you all for your help....yes I am using a qualified solicitor....and as suggested I will ensure a clause is inserted.