Cannot locate sole executor

[PlanktonsComputerWife]

DH's dad died. The sole executor on the will is a law firm which appears to be defunct. Phone numbers listed on the will and on an old webpage do not work; we sent a registered letter to the address that could not be delivered; we can't find any other trace of the partnership online beyond a Google query from someone else asking if a will made by them was still valid. DH checked the companies register, but I don't know if a legal partnership would be listed there anyway. Or whether it has been incorporated into another firm- is it possible to find out?

Anyway, DH is the sole beneficiary of the will. What specific steps does he need to take now so that he can somehow get the probate process started?

And is this something DH can handle himself, or would a solicitor be necessary? We're not exactly rolling in money, unfortunately, especially as the funeral is going to clean us out temporarily.

We are in England.

Can you check the Solicitors Register?

www.sra.org.uk/consumers/register/

You need specialist legal advice to check the wording of the will

The will might say that the role of executor passes to the firm which takes over or succeeds the firm named in the will in which case contact The Law Society to help you find the successor firm

If it doesn't then your husband can apply for probate (if needed) too collect in the assets but it's quite a complex application.

There is a search on the The Law Society website to help you find a solicitor in your area specialising in probate work. It's called Find A Solicitor.

Thank you for the link to the solicitors register, and the idea about the law society. The law society firm search yields two firms with a similar (but not identical) name in that town, and the phone numbers appear valid.

The will does indeed say the firm or any successor firm. If neither of the above firms identifies themselves as this, we will get in touch with the law society. That's very helpful.

I believe probate is needed as the estate includes a small house (not valuable enough to make inheritance tax necessary, but a house nonetheless).

Knowing my father in law as well as I did, he would have innocently made this firm the executor in order to take all worries and fuss off my husband's shoulders- not remotely suspecting it would cause us difficulties with freezing his account, arranging the funeral, or any of it (his bank only want to deal with the executor). It's been a bit of an unexpected headache, on top of the awfulness of losing him.

Sorry to hear all this is adding to the stress of bereavement. It's tough. You now have some ideas of what to do next, good luck and hope you manage to sort it out. Be prepared for it to take longer than you expect it to.

Thank you for your kind wishes. And I think you are right, this is going to take some time. I will update the thread if/when we locate some sort of executor.

Just had a thought... You will also need the original will for probate Was this stored with the firm that prepared it that's no longer trading?

No, my father-in-law kept it among his things and told my DH where it was, so I am staring at the blinking thing right now. It's witnessed and dated, and looks valid to my non-lawyer eyes.

That's good!

Oh, try not to worry. It will get sorted, it's not unsurmountable.

Try to get some sleep and rest. Put the will away. You must take care of yourself

You're a fine one to talk about getting proper rest. Seriously, thank you. I have a little plan of action for tomorrow now; DH and I were a bit lost and stumped.

You shouldnt b paying for the funeral. Most Funeral director will wait for the money, or the bank should pay them direct from the dec'd account

I'm awake too! Don't know about the solicitor issue, but if that gets sorted, it's easy to do probate yourselves with a straightforward estate.

I think most people do pay the funeral sure if sole beneficiary. Some wills can take a king time to sort out and most people feel the funeral director shouldn’t wait for a very long time. It’s hardly fair on a business.

Sorry to hear about your loss, it's a tough time so take care of yourselves.
Re paying for the funeral, just wanted to reiterate PP above - check if FIL's bank can pay funeral director directly. Will hopefully take some of the stress off you.

I disagree with MrsSiba. You should not need specialist legal advice to check the wording of the will. It should be straightforward as the whole estate is left to your husband.

Your husband needs to find the successor firm to the original law firm. He can then, if he wishes, ask them to renounce the executorship in his favour and administer the estate himself, thereby saving some money. If he is unable to find the successor firm after making a reasonable attempt to do so, he can administer the estate himself.

@prh47bridge

I disagree with MrsSiba. You should not need specialist legal advice to check the wording of the will. It should be straightforward as the whole estate is left to your husband.

Your husband needs to find the successor firm to the original law firm. He can then, if he wishes, ask them to renounce the executorship in his favour and administer the estate himself, thereby saving some money. If he is unable to find the successor firm after making a reasonable attempt to do so, he can administer the estate himself.

^^ this. No point paying a solicitor in a straightforward estate.

The complex factor here is not the administration of the estate, that may well be straightforward depending on what the assets are and something OP's DH can manage, it is identifying who is the personal representative entitled to administer the estate. Most people do not have the specialist knowledge required to draft an application for a grant of representation in an estate where a residuary beneficiary may be the applicant.

@PlanktonsComputerWife haha I know, I had two children fighting for space in my bed, one unwell. I was lucky to get 2 hours sleep!! Hope today was a better day 🤞🏽

Most people do not have the specialist knowledge required to draft an application for a grant of representation in an estate where a residuary beneficiary may be the applicant.

You mean filling in form PA1P? It is the same form used when there is a will whoever is going to administer the estate. Or did you have something else in mind?

I really appreciate all the contributions.

We have not yet found the executor, but ringing one of the firms found by searching one of the registers above has produced a possible lead- the secretary immediately asked if this were about wills and directed us to another law firm with a completely different name which might be the one.

Their phone rings on and on, but they do have an e-mail address, and their own website, which prominently lists as a service revoking executorships for about £200 (nice little money-spinner, drafting wills and putting yourselves in as executor?! I wonder), so it could well be these people. I do hope they respond affirmatively, so we can move on!

I have now read through the probate form you mentioned @prh47bridge and it is less daunting than I'd feared.

I do hope your LO is feeling better, @MrsSiba!