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Your Executors - Are You Sure Who They Will Be?

There is a lot of talk at the moment about banks who have been appointed as executor in a Will passing the Will, and executor appointment, to a third party. In such cases, the administration of your estate could end up being done by an organisation completely different to the one you thought you had appointed.

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Executor(s) are the person or people (or sometimes organisations such as solicitors or banks) who will be responsible for dealing with the affairs of someone who has died, and are appointed in that person’s Will.

This can sometimes be a very straightforward role, particularly on the death of the first of a couple, when the executors may simply need to notify a few organisations (like banks) of the death so any money held in joint names can pass easily to a surviving spouse or partner.

Can be quite complex

More often, though, the role can be quite complex, including the need to obtain Probate and difficult administrative tasks (including tax returns), and can end up involving a lot of work and time.

Whilst some people will appoint family members as their executors, sometimes the appointment of a professional organisation, such as your bank or solicitor, can provide people with the reassurance that it will all be dealt with professionally and with minimal stress for the family.

Banks delegating appointments as executors

It has recently come to light that certain banks are delegating their appointments as executors to third parties, so your estate could end up being dealt with by an unknown and unrelated organisation.

If you have any concerns about this happening to you, Lanyon Bowdler can offer a quick review of the appointments in your Will and advise what would happen in your case. A simple Codicil or a new Will could ensure that you decide who is in control after your death.