No, you do not have to act as an Executor. You have a couple of options. Your first option is to give up all rights to act as Executor as long as you have taken no steps in relation to the estate administration. Your other option, if there are other Executors named in the Will, is to choose to have ‘power reserved’. This allows the other Executors to act but you can apply to ‘join in’ the Probate process later on if you want to or need to.
If you instruct us to complete Probate for you, you can remain as Executor, or you can sometimes give Power of Attorney to us. In that case, we can obtain the Grant of Probate in our name.
You need to make a statement saying why you think the Will should be written as you suggest. The Court …
Read more Wills & ProbateThe answer is No. It is a common misconception that when a person dies their debts die with them. When …
Read more Wills & ProbateUp to 4 executors can act at a time. At least two executors are needed if their might be a …
Read more Wills & ProbateThe intestacy rules would apply to your estate and your partner would receive nothing under these.
Read more Wills & ProbateSadly arguments do happen. Contact us for advice if someone is questioning: The contents of the Will Whether the Will …
Read more Wills & ProbateOnly if there are serious disagreements between beneficiaries and/or the people making the Will.
Read more Wills & ProbateTo make a Will you must be over the minimum age limit and have “testamentary capacity”. This means you must …
Read more Wills & ProbateMarriage will cancel your Will unless it was prepared in expectation of the event. Getting divorced will not cancel your …
Read moreOur highly skilled team of specialist solicitors have been established in the City of Wakefield for over 100 years.