Q&As

Can a firm of solicitors refuse to release to us a copy of a Will which appoints our client as executor without the authority of the other executor appointed under the Will?

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Published on LexisPSL on 25/09/2019

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Can a firm of solicitors refuse to release to us a copy of a Will which appoints our client as executor without the authority of the other executor appointed under the Will?

The authority of the executors appointed in the deceased’s Will arises on the death of the testator. Consequently, the executors are entitled to call for the deceased’s Will to be handed to them. Although dealing with the deceased’s real assets (in effect land and buildings, and some personal assets, such as stocks and shares and leasehold assets) require the executors to act jointly, for the most part, the ability of the executors to deal with the deceased’s personalty is joint and several. Therefore, technically, either executor cou

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