The task of being an executor can be a rather onerous one, which often leads to a person making a will (the testator) appointing professional executors, such as a firm of solicitors, to assist their family when the time comes to administer their estate.
A lot of time can pass between making a will and the death of the testator and during this time the law firms who made the will may have merged, de-merged or perhaps closed down entirely, so what happens next?
Firstly, you will need to consider whether the will has been drafted with a clause which allows for a successor firm to act as executor in place of the original firm. If so, the successor firm may be able to take up the role of executor. However, this will depend on whether they are a successor firm. If not, there are statutory rules that set out who can act.
If you have a will appointing a firm of solicitors as executors who are no longer operating, it would be a good idea to take legal advice and to re-write your will to provide you with certainty as to who will deal with the administration of your estate after your demise and who your beneficiaries will be dealing with.
If you would like to discuss your options further, please get in touch with our experienced Private Client team at Ellisons, who are always happy to help.
