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Executor

1 reply

GoodAsHell · 14/08/2023 22:10

In Scotland. If there are 3 executors of an estate and 2 wish to "stand down" due to age/health and appoint alternative executors/attorneys, does the remaining executor have any say in the "new" executors/attorneys, on the basis that the appointment would be against the wishes of the deceased? I'm sure it's not straight forward but can anyone provided any relevant info. Thanks.

OP posts:
nosalt · 15/08/2023 06:45

An executor, if appointed by the will, can ‘assume’ a new executor by a ‘deed of assumption’ and then resign, unless the will specifically prevents this. Other executors cannot veto the appointment.

The alternative is for an executor to decline the appointment or to resign without seeking a replacement.

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