Do I need a new will to allow my executors to act independently of each other?2024-09-09T12:02:06+01:00
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In my will made a few years ago It is written I appoint my 2 sons to be executors also in brackets (hereinafter called ”my Trustees”) followed by, to be executors and trustees of my will.

The trouble I really do not understand the Trustee part. Do I need to make a new will? As I wish my sons to be able to act independent of each other. They live 100 miles apart it would make life very difficult if both have sign everything I can trust both to be honest.

Team QLAW! Changed status to publish 9th September 2024
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Hi, and thank you for an excellent question. So first off, it is quite normal for a Will to make the executor/trustee appointment like that. Two points come from that. Firstly the (hereinafter called my Trustees) bit is just legal drafting protocol to save having to keep saying executors and trustees throughout the will.
Secondly, the two ‘jobs’ are different, and indeed you may not need trustees, but again, it is quite normal protocol to appoint both. So an executor deals with the ‘administration of an estate – ie get probate, realise assets, pay bills, pay cash legacies, and pay the balance of the money (the residuary estate) to the beneficiaries. This is where the role of Trustee might come into play.
So for example, if one of the beneficiaries is under 18, the executors can not pay that money to a minor beneficiary and they will need to hold it on their behalf until the beneficiary reaches 18. In doing that, they are acting as trustees, not executors. A technical point I appreciate – but a good example of where trustees may come into play. You can read more about gifts to minor beneficiaries in this article >
Turning then to your question about executors/trustees acting together or separately, the practical reality is that there is rarely that much to be done requiring joint physical input to something that needs executors to be in the same place and time. Unlike say a Lasting Power of Attorney, the concept of acting ‘jointly and severally‘ doesn’t quite apply in the same way to executors, so there is nothing one could say in the will, other than to simply exclude one or more.
We hope that this is of come help. Do remember that it is NOT intended to be legal advice specific to you. I you would like to review your will, this is of course something our expert wills and probate solicitors would be delighted to help with. Meantime – thank you for visiting QLAW!

Team QLAW! Changed status to publish 2nd September 2024
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