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Explain a paragraph in my will please?

7 replies

Size6Feet · 27/01/2010 12:54

I was looking in this section the other night and read some very interesting information regarding using solicitors as joint executors.

I have looked over my will, made in 2008. I used a will writing firm recommended by a friend. I have my children as executors.

Clarification is needed on this bit:-

"I wish my Executors to consult of **, regarding the probate and administration of my estate"

Does this mean Executors 'Have to' or 'they can if they choose to'?
(I do not want them to Have to.)

I may contact the same company with regards to appointing my child with power of attorney. Any comments on this one too would be appreciated.

OP posts:
FabIsGoingToBeFabIn2010 · 27/01/2010 16:16

I would guess it means they have to.

You should put - if they would like to consult with Betty and Harry that is fine. Or words to that affect.

Size6Feet · 28/01/2010 02:16

Thank you FabIs.

I guess I need to get the above line deleted from the will then, or do a new will.

OP posts:
crumpetsolo · 24/02/2010 23:00

It doesn't mean they have to at all. It's a clause Will Writers put in to encourage you to give them the probate (which is much more lucrative than making the Will). Your executors are under absolutely no obligation to use them, and frankly it's bloody cheeky that they included it without you asking them to or without explaining it to you.

crumpetsolo · 24/02/2010 23:04

You don't need a new Will, just explain to your executors that this doesn't impose any sort of obligation.

On the power of attorney front - if you are after a Lasting Power of Attorney (one that can be used if you lose your mental capacity) you can find these forms on the Office of the Public Guardian website and complete them yourself. If you mean a general power of attorney (that you would use for example if you were out of the country and you wanted someone to be able to look after your affairs whilst you were away) you can find these for £5.75 here

There, saved you some cash

size6feet · 04/03/2010 08:06

Hi Crumpetsolo, I will be sure to mention it to my executors and pencil in a note beside it on my will.

I recall they did say my executors could feel free to contact them for advice, such as next steps to take, etc. and I was under the impression that there would be no charge for this.

Thank you for the link to P.O.A. (From the money saved I'll treat myself to a nice lunch out .

OP posts:
ABetaDad · 04/03/2010 08:35

No oligation to do so. The Executors may appoint or consult wuth whatever advisors they wish or deem necesary at the time.

LittlePushka · 05/03/2010 21:08

Agree with ABetaDad,...though I must say i I would NEVER put such a clause in a will ...and I draft many!

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