Will question

[littlemissbakery]

Posting here for traffic. Google is driving me crazy. If a will has two named executors are they both equal unless one is named as 'main' executor?
Thanks 😊

I would say yes

Yes I think all named executors are equal. It is possible though for the executors to agree amongst themselves that only one will actually act. We did this when my DM died as only one of the named executors lived locally. It meant one could deal with all the paperwork rather than all three of us having to sign documents etc. The non acting ones signed some official paperwork to say they were in agreement with this but not relinquishing their rights. It was easy to do, all the information was online.

DSis and I are executors for DM.

DSis 'reserved' her position as executor, that meant that she was happy to leave the paperwork to me but could, in future, be more active.

https://www.gov.uk/applying-for-probate/if-youre-an-executor

My dh and I are each others executors and ds is reserve in case something happens to both of us.

Sorry I didn't realise this had posted because my phone died. The issue we have is that one executor is actually overseas. And yet nit picking family members say this person is the 'main' executor because they're named first 🙄 families eh

If they are named as joint executors ie. “I appoint Ted and Sally...” then there is no main executor. Both can act, or one can act alone. You can of course appoint substitutes if the first named executors can’t act. I write wills for a living. When I’m not on furlough of course!

An executor abroad can renounce probate (agree not to act) or appoint someone to act in their place. This is not necessary when more than executor is named however. Just because their name is first, it does not give them higher priority. This only happens if they are named as a sole executor such as “I appoint Robert to be my sole executor and trustee but if he is unable or unwilling to act I appoint Rupert instead”.

Thank you so much for your help ☺️

I don’t think you can be an executor if overseas. My parents wanted to make me and my brother joint executors but couldn’t as he doesn’t live 8n the country.

www.bequeathed.org/wills/overseas-property-assets/overseas-connection-executor

www.co-oplegalservices.co.uk/media-centre/articles-apr-jun-2019/can-an-executor-of-an-estate-act-alone/