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Who is executor?
A will appoints two solicitors by name as executors. It doesn't name the firm they were working for.
They've long since moved on/retired.
If they cannot be traced or no longer wish to act who is next in line?
They've long since moved on/retired.
If they cannot be traced or no longer wish to act who is next in line?
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The residuary beneficiaries can next take a Grant of Letters of Administration with Will Annexed. Technically, they will not be the executor, but will be an administrator.
If the named execs don't want to be involved, all you need is a Deed of Renunciation from them - the Probate Registry will then clear them off and issue the Grant to the res ben.
If they cannot be traced, you will need to show the PR that you have done all you can to trace them. First port of call will be Law Soc records department. Assuming they cannot be traced, you then apply under s116 Supreme Court Act 1981 to the PR for a discretionary grant to the res ben.
If the named execs don't want to be involved, all you need is a Deed of Renunciation from them - the Probate Registry will then clear them off and issue the Grant to the res ben.
If they cannot be traced, you will need to show the PR that you have done all you can to trace them. First port of call will be Law Soc records department. Assuming they cannot be traced, you then apply under s116 Supreme Court Act 1981 to the PR for a discretionary grant to the res ben.
No - next of kin have no involvement if there is a valid will and they are not named - unless there is a partial intestacy with the residue. If that is the case, then those entitled under intestacy can apply for the Grant although precedence will be given to those named under the Will. Rule 20 Non Contentious Probate Rules 1987 sets it out in full.
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