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Executor of a Will

4 replies

Frecklespy · 02/09/2023 10:07

If a solicitor is named as an Executor of a client's Will, can they still 'act' for the Estate and apply for probate if they have since retired, closed their firm and are no longer practising and no longer registered with the SRA?

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Bromptotoo · 02/09/2023 10:27

Are they the sole executor?

Anybody can act as an executor. If the retired solicitor is still compos mentis & willing to do it they can, though remuneration might be an issue!!

caringcarer · 02/09/2023 10:29

No idea, but what a headache. When the solicitor retired from his firm he should have passed the file on to a colleague to deal with. An executor can be anyone so you don't have to be a solicitor or have legal training to execute a will. On that basis I think they could do it.

jallopeno · 02/09/2023 10:44

Yes if they are named on it

Frecklespy · 02/09/2023 10:54

Yes, the retired solicitor is named as the Executor. Just wondered if we could have grounds to enter a caveat to have him removed and appoint someone else. The Will is a bit contentious and the solicitor appears to be acting in favour of the main beneficiary rather than the Estate of the deceased or the family. Main beneficiary is a neighbour/friend of the deceased.

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